Статья 15«Соглашение о сотрудничестве между Министерством внутренних дел Российской Федерации и Министерством юстиции и общественного порядка Республики Кипр» [рус., англ.]

Заключительные положения

1. Настоящее Соглашение вступает в силу с даты его подписания и будет действовать неопределенный период времени. Любая из Сторон может прекратить действие настоящего Соглашения путем направления уведомления по дипломатическим каналам. Соглашение прекращает свое действие по истечении шести месяцев с даты получения одной из Сторон такого уведомления.

2. С письменного согласия Сторон в настоящее Соглашение могут вноситься изменения и дополнения.

3. Со вступлением настоящего Соглашения в силу прекращает действие в отношениях между Сторонами Соглашение о сотрудничестве между Министерством внутренних дел Союза Советских Социалистических Республик и Министерством внутренних дел Республики Кипр в борьбе с преступностью, подписанное в Никосии 25 апреля 1990 года.

Совершено в Москве 16 ноября 1999 года в двух экземплярах, каждый на русском, греческом и английском языках, причем все тексты равно аутентичны. В случае разночтений при толковании настоящего Соглашения преимущество имеет текст на английском языке.

(Подписи)

ON COOPERATION BETWEEN THE MINISTRY OF THE INTERIOR OF THE RUSSIAN FEDERATION AND THE MINISTRY OF JUSTICE AND PUBLIC ORDER OF THE REPUBLIC OF CYPRUS

The Ministry of the Interior of the Russian Federation and the Ministry of Justice and Public Order of the Republic of Cyprus hereinafter referred to as «the Parties»,

attaching great importance to the development of international cooperation in the sphere of crime control and public order protection, guaranteeing human rights and freedoms,

stemming from the mutual willingness to strengthen cooperation between the Parties,

based upon the generally recognized principles and norms of international law,

have agreed as follows:

Article 1

Obligation to Cooperate

The Parties shall cooperate in accordance with the provisions of this Agreement acting within their jurisdiction and abiding by the legislation and international obligations of their States.

Article 2

Directions of Cooperation

1. The Parties shall cooperate in the prevention, identification, suppression and detection of crimes, with particular emphasis on the fight against the following criminal acts:

violent crimes against human life, health, freedom and dignity as well as against property;

acts of terrorism;

corruption and organized crime;

illicit traffic in weapons, ammunition, explosives and poisonous substances, as well as in radioactive materials;

illicit manufacture of and traffic in narcotic drugs and psychotropic substances, as well as substances used for the purpose of their manufacture;

abduction, illegal trafficking in human beings and exploitation of the prostitution of others;

criminal activities related to illegal migration;

economic crime, including legalization (laundering) of proceeds from crime;

production and sale of forged banknotes, securities and means of cashless payments as well as official documents (including passports and other identity cards);

criminal encroachments against cultural and historic values;

transport crimes;

car thefts and illegal operations connected to them.

2. The Parties shall also cooperate in the following fields:

public order protection;

road traffic control;

identification of corpses, sick persons and children who can not report about themselves;

logistic support of the activities of the Parties;

scientific and research activity, development of data systems, special tools, machinery and equipment;

training and skill enhancement of the personnel;

development of sports and cultural ties;

rending assistance on a contractual basis in the medical treatment and recreation of the personnel of the Parties and the members of their families.

Article 3

Ways of Cooperation

1. For the purpose of implementing the provisions of Article 2 of this Agreement the Parties shall cooperate in the following ways:

exchange of information being of mutual interest, related to the crimes, which are being prepared or were committed as well as to the persons and organizations involved in such crimes;

execution of requests for police operational and search measures authorized by the legislation of the Requested Party's State;

search of persons who are evading criminal prosecution or execution of sentences and also of those who are reported missing;

exchange of information about new types of narcotic drugs and psychotropic substances which emerged in illicit traffic, about technologies of their manufacture and the substances which were used, as well as about new methods of examination and identification of narcotic drugs and psychotropic substances;

facilitate on the basis of their national legislation, and international obligations, the controlled delivery of illicit narcotic drugs and psychotropic substances, of fire arms and explosives, of stolen articles, of nuclear material, and other possible objects being in international illicit traffic in order to render possible the arrest of the persons to whom they will be delivered as well as any other persons involved in the trafficking, provided that the necessary information is submitted at least 48 hours prior to the requested action;

exchange of expertise through the organization of meetings, consultations and seminars;

exchange of legislation and other legal instruments;

exchange on a mutually beneficial basis of scientific and technical literature and information related to the activities of the Parties.

2. This Agreement shall not embrace extradition and mutual judicial assistance in criminal matters.

Article 4

Development of Cooperation

This Agreement does not prevent the Parties to determine and develop other mutually agreed directions and forms of cooperation subject to the provisions of Article 1 of this Agreement.

Article 5

Requests for Assistance

1. Cooperation within this Agreement is carried out on the basis of requests for assistance submitted by the interested Party or on the initiative of the Party which considers that such assistance is of interest for the other Party.

2. Requests for assistance are submitted in a written form. In case of emergency, requests may be made orally, though within 5 days they have to be confirmed in a written form with the use, if necessary, of technical means of text transmission.

If any doubts related to the authenticity of the request emerge its confirmation may be asked for.

3. A request for assistance shall include:

the name of the agency which applies for assistance and the name of the agency to which the request for assistance is addressed, if it is known;

facts and details of the case;

purpose and grounds of the request;

description of the assistance requested;

any other information which could be helpful for a proper execution of the request.

4. A request for assistance, forwarded or confirmed in a written form shall be signed by the head of the requesting agency or by his deputy and shall be certified by the seal of the requesting agency.

Article 6

Denial of Assistance

1. The assistance within this Agreement shall be denied wholly or partially, if the requested Party considers that the execution of the request may be detrimental to the sovereignty, security, public order or other essential interests of its State, or contradicts the legislation or international obligations of its State.

2. The assistance may be denied if the act in relation to which the request was made is not punishable under the law of the State of the requested Party.

3. Should it be possible the requested Party before taking a decision to deny the assistance in accordance with paragraphs 1 and 2 of this Article shall consult with the requesting Party to consider whether the assistance can be granted subject to the conditions which the requested Party deems necessary. The requesting Party shall comply with the conditions subject to which the assistance is granted.

4. The requesting Party shall be notified in a written form about the whole or partial denial to execute the request with the explanation of the reasons for it.

Article 7

Execution of the Request

1. The requested Party shall take all necessary measures to ensure, to the possible extent, a speedy and exempt execution of the request.

The requesting Party shall be immediately informed about the circumstances hampering or considerably delaying the execution of the request.

2. If the execution of the request does not fall within the competence of the requested Party, it shall immediately notify the requesting Party about it, and following its respective application shall convey the request to the competent authority.

3. The requested Party has the right to ask for additional information, which it considers necessary to execute the request properly.

4. At the execution of the request the legislation of the requested Party shall be applied, however following the application of the requesting Party its national law may be applied, if it is not contradictory to the fundamental principles of the legislation or the international obligations of the requested Party's State.

5. Should the requested Party consider that the immediate execution of the request may hamper criminal prosecution or other proceedings being carried out in its State, it may suspend the execution of the request or allow the execution subject to such conditions which may be set as necessary after consultations with the requesting Party. If the requesting Party accepts the assistance subject to these conditions, it shall comply with them.

6. The requested Party following the application of the requesting Party shall take all necessary measures to ensure confidentiality of the fact that the request was received, its contents and annexed documents, as well as the fact of providing assistance.

If it is not possible to execute the request without preserving its confidentiality the requested Party shall inform the requesting Party about it, and the latter decides whether it is acceptable to execute the request under such conditions.

7. The requested Party shall inform the requesting Party as soon as possible about the outcome of the execution of the request.

Article 8

of the Received Information and Documents

1. Each Party shall ensure the confidentiality of information and documents received from the other Party, if they are of restricted use or if the providing Party does not wish their public disclosure. The degree of such a restriction applied to the received information and documents shall be imposed by the providing Party.

2. The information and documents received under this Agreement shall not be used without the prior consent of the providing Party for purposes other than those for which they were requested and provided.

3. To share with a third party the information and documents received by one Party in accordance with this Agreement, a prior consent of the providing Party shall be obligatory.

4. The provisions of this Article do not exclude the use or disclosure of the information and documents received under this Agreement, if the law of the State of the requesting Party sets an obligation to act in this way. The requesting Party shall notify the requested Party in advance about possible and intended use or public disclosure of such information and documents.

Article 9

Expenses

The Parties shall bear on their own the expenses, which arise in the course of implementation of this Agreement, if it is not agreed upon otherwise in each particular case.

Article 10

Languages

The Parties shall use the Russian, Greek and English languages in the course of their cooperation in accordance with this Agreement.

Article 11

Coordination of the Cooperation

1. Coordination of cooperation of the Parties under this Agreement is carried out by the International Cooperation Department of the Ministry of Interior on the Russian side and by the Permanent Secretary of the Ministry of Justice and Public Order on the Cyprus side.

2. If necessary the Parties shall identify their specialized operational units, which will be able to establish direct contacts to implement this Agreement, as well as the channels of communication between them.

Article 12

Working Meetings and Consultations

If necessary the representatives of the Parties shall hold working meetings and consultations in order to discuss how to strengthen and make more efficient the cooperation within this Agreement.

Article 13

Settlement of Disputes

All disputes, which may arise in connection with the interpretation of implementation of this Agreement shall be settled by means of consultations and negotiations.

Article 14

Relationship with Other International Treaties

The provisions of this Agreement shall not affect the rights and obligations arising out of other international treaties acceeded to by the States of the Parties.

Article 15

Final Provisions

1. This Agreement shall come into force on the date of its signing and shall remain in force for an indefinite period. Either Party may terminate this Agreement by declaration though diplomatic channels. The Agreement shall cease to have effect six months after the date of receipt of such a declaration by one Party.

2. This Agreement may be modified and amended by the written agreement of the Parties.

3. When this Agreement enters into force, the Agreement on Cooperation between the Ministry of the Interior of the Union of Soviet Socialist Republics and the Ministry of the Interior of the Republic of Cyprus signed in Nicosia on April 25, 1990, shall be terminated.

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