Статья 20«Соглашение между Российской Федерацией и Государством Кувейт о передаче лиц, осужденных к лишению свободы» [рус., англ.]

1. Настоящее Соглашение заключается на неопределенный срок и 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 в соответствии с законодательством Сторон.

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 осужденных, полученных до даты прекращения его действия.

Совершено в г. Санкт-Петербурге 28 июня 2024 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 State of Kuwait, 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,

Article 1

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 punishment imposed. For that end, such person or his/her legal representative may apply to either the sentencing State or administering State for his/her transfer, in accordance with the provisions of this Agreement.

3. The request for transfer may be submitted by either the sentencing State or the administering State.

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

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

«punishment» — any punishment which includes deprivation of liberty for a fixed term or life imprisonment, imposed by a sentence;

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

«sentencing State» — a State a court of which has sentenced a person that may be transferred or has been transferred in order to serve the punishment;

«administering State» — a State to which the sentenced person may be transferred or has been transferred in order to serve the punishment;

«legal representative» means a person or an institution authorized by the legislation of the Party to act in the interests or on behalf of the sentenced person in the respective bodies of that Party.

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

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

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

c) at the time of receipt of request for transfer, the part of punishment 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 punishment 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 State, 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 State shall provide a consular officer or any other official of the administering State with an opportunity to verify that the consent for transfer or rejection thereof was given voluntary and with understanding of legal consequences of such transfer;

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

f) sentencing State and administering State have clearly given their consent for transfer.

2. The transfer may be rejected if:

a) the sentencing State considers that transfer of the sentenced person would impair its sovereignty, security, public order or other essential interests;

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

c) the punishment cannot be executed in the administering State due to expiration of limitation period or due to other reasons stipulated in the laws of this State.

Article 4

1. The central authorities authorized to perform this Agreement are:

For the Russian Federation — Ministry of Justice of the Russian Federation;

For the State of Kuwait — Ministry of Justice (Department of International Relations).

2. While executing this Agreement, the central authorities shall communicate directly.

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 acts for implementation of the obligations under this Agreement.

Article 5

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

2. If the sentenced person applies to the sentencing State for his transfer, that State shall so promptly inform the administering State after the sentence enters into force.

3. Such notice shall include:

a) surname, name (patronymic), date and place of birth, nationality of the sentenced person;

b) permanent place of residence of the sentenced person in the administering State, if known;

c) a statement of the facts, upon which the punishment was based;

d) the type, duration and date of commencement of the punishment;

e) the text of applicable provisions of the criminal laws.

4. If the sentenced person applies to the administering State for transfer pursuant to the provisions hereof, the sentencing State shall provide the administering State, on request, with the information specified in Paragraph 3 of this Article.

5. The sentenced person shall be informed in writing of any actions taken by the administering State or by the sentencing State, under the Paragraphs 1 — 4 of this Article, as well as of any decision taken by either State on request for transfer.

Article 6

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

2. The requested Party shall promptly inform the requesting Party on its decision to satisfy or reject the request of transfer.

3. After receipt of the motion for transfer, the central authority of the sentencing State shall accompany the request addressed to the central authority of the administering State with:

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

b) documents indicating the nationality of the sentenced person and his/her permanent place of residence;

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

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

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

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

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

h) the document indicating financial obligations of the sentenced person under the sentence, 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 State.

4. After receipt of the motion for transfer, the central authority of the administering State shall accompany the request addressed to the central authority of the sentencing State with the documents mentioned in Paragraph 3 points (a) and (b) of this Article.

The central authority of the sentencing State shall accompany its response to the said request with the documents mentioned in Paragraph 3 points from (c) to (i) of this Article.

5. If the request of the central authority of the sentencing State is allowed, the central authority of the administering State shall accompany its response with:

a) a written agreement for receipt of the sentenced person for execution of the remaining part of the punishment;

b) a certified copy of the decision of the court or other competent authority on acknowledgement 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

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

7. Upon rendering the decision of consent or rejection to transfer the sentenced person by the court or other competent authority of the sentencing State, the central authority of the sentencing State after receipt of all necessary documents shall promptly inform the central authority of the administering State of its consent or rejection to transfer the sentenced person subject to the terms and conditions of this Agreement.

Article 7

Expenses related to transfer of the sentenced person, including the expenses on transit, shall be borne by the administering State. Any other expenses arising pertaining to transfer of the sentenced person till the moment of his/her transfer shall be borne by the Party that incurred them.

Article 8

Upon notification of the central authority of the administering State on the decision of the court or other competent authority of the sentencing State to consent 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.

Article 9

1. The administering State shall ensure the continuing of enforcement of punishment in accordance with its laws.

2. The court of the administering State, in accordance with the laws of its State and on the basis of that punishment, shall, subject to and, impose the same term of imprisonment as that imposed by the sentence.

If, according to the laws of the administering State, the maximum term of imprisonment for the crime committed is less than that imposed by the sentence, the court of the administering State shall impose the maximum term of imprisonment provided for by the laws of the administering State for committing the same crime.

The part of the punishment served in the territory of the sentencing State shall be considered in the total term of the punishment.

3. Decision on enforcing additional punishment imposed by the sentence shall be taken by the court of the administering State, if such punishment for the crime committed is provided for by the laws of this State. Additional punishment shall be enforced as specified in this Article.

Article 10

Either Party may grant pardon, amnesty and substitution of punishment in accordance with its laws.

Only the sentencing State shall have the right to resolution of issues of appeal or review of the sentence.

Article 11

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

Article 12

The administering State shall terminate enforcement of the punishment as soon as it is informed by the sentencing State of any decision or measure as a result of which the punishment ceases to be enforceable.

Article 13

1. If, after the transfer of the sentenced person for serving the punishment, the sentence is changed by the court of the sentencing State, a copy of the respective sentence and other necessary documents shall be promptly submitted to the central authority of the administering State. The administering State shall resolve the issue of enforcing such decision as specified in Article 9 of this Agreement.

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

3. If, after the transfer of the sentenced person for serving the punishment, the sentence is remitted and a new investigation or proceedings 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 State in order to resolve the issue of prosecution of the sentenced person under the laws of the administering State.

Article 14

The central authority of the administering State shall provide information to the central authority of the sentencing State concerning enforcement of the punishment:

a) when it considers enforcement of the punishment to have been completed;

b) when pardon, amnesty or parole has been applied to the sentenced person in the administering State;

c) when the sentenced person has escaped from custody before enforcement of the punishment has been completed;

Article 15

1. A Party shall, in accordance with its law, satisfy 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 punishment was imposed is not considered as such under its law.

3. The request for transit shall include the information specified in Paragraph 3 of Article 6 herein and shall be accompanied by the documents specified in Paragraph 1 and subparagraphs (a) and (d) of Paragraph 5 of Article 6 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.

Article 16

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 into the English language and shall not be the subject to legalization. The same rule is applied to any documents and information submitted as a response to the request, as well.

Article 17

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

Article 18

1. The Central Authorities shall at the request of either of them consult concerning the interpretation or application of this Agreement.

2. Any disputes, arising out from interpretation and application of this Agreement shall be resolved through diplomatic negotiations.

Article 19

1. This Agreement may be amended by consent of the Parties.

2. Any agreed amendments hereto shall take affect in accordance with the procedures specified in Paragraph 1 of Article 20 hereof.

Article 20

1. This Agreement is valid for an indefinite period and 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 its commencement according to applicable laws thereof.

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 of sentence persons, received prior to a termination date.

Done in duplicate in Saint Petersburg, on the 28th day of June, 2024 in two sets of originals in the Russian, Arabic and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.

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