Статус Конвенции о международном доступе к правосудию (Гаага, 25 октября 1980 года) [рус., англ.]

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CONVENTION OF 25 OCTOBER 1980 ON INTERNATIONAL ACCESS TO JUSTICE

Last update: 11.05.2016

Entry into force: 01.05.1988

Number of Contracting Parties to this Convention: 28

The expression «Contracting Party» covers both cases in which the Convention has, and cases in which the Convention has not yet, entered into force for that Party following the deposit of its instrument of ratification, accession, acceptance or approval (see column EIF in the chart).

Contracting Parties and Signatories to this Convention that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting Parties and Signatories that are not Members of the HCCH are in italics.

<1> S = Signature

<2> R/A/Su = Ratification, Accession or Succession

<3> Type = R: Ratification;

A: Accession;

A: Accession giving rise to an acceptance procedure; click on A for details of acceptances of the accession;**

AEU: Accession by the European Union

AEU: State bound as a result of the accession by the European Union*

C: Continuation;

Su: Succession;

Den: Denunciation;

<4> EIF = Entry into force

<5> Authorities per Convention = Extensions of application

<6> Auth = Designation of Authorities

<7> Res/D/N/DC = Reservations, declarations, notifications or depositary communications

Type

Bosnia and Herzegovina Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 October 1988. On 23 August 1993, the Republic of Bosnia and Herzegovina declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

Croatia Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 October 1988. On 5 April 1993, the Republic of Croatia declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

France Type Ratification

Translation by the Permanent Bureau:

The instrument of ratification of France clearly indicates that the Convention applies to the entire territory of the French Republic. Consequently, besides Metropolitan France and the Overseas Departments (French Guyana, Guadeloupe, Reunion, Martinique), the Convention applies to all of the other French overseas territories.

Montenegro Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 October 1988.

By letter received by the depositary on 26 April 2001, the Federal Republic of Yugoslavia (since 4 February 2003 called «Serbia and Montenegro») declared itself to be bound by the Convention. No objection has been received from the Contracting States.

The Ministry of Foreign Affairs of the Netherlands, depositary of the Hague Conventions, has notified the Member States of the Hague Conference on 5 July 2006 that «Following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006.» On 1 March 2007 the Republic of Montenegro declared itself to be bound by the Convention: «...the Government of the Republic of Montenegro succeeds to the Convention on International Access to Justice, concluded at The Hague on 25 October 1980, and takes faithfully to perform and carry out the stipulations therein contained as from 3 June 2006, the date upon which the Republic of Montenegro assumed responsibility for its international relations.» No objection has been received from the other Contracting States.

North Macedonia Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 October 1988. On 20 September 1993, The former Yugoslav Republic of Macedonia declared itself to be bound by the Convention.

By letter dated 30 November 1993, the Ambassador of Greece to the Netherlands informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands that His Government does not recognize The former Yugoslav Republic of Macedonia and consequently does not consider itself to be bound by the Conventions to which the latter is a Party.

No objection has been received from the other Contracting States.

Serbia Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 October 1988. By letter received by the depositary on 26 April 2001, the Federal Republic of Yugoslavia declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

The Ministry of Foreign Affairs of the Netherlands, depositary of the Hague Conventions, has notified the Member States of the Hague Conference on 5 July 2006 that «Following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006.»

Slovenia Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 1 October 1988. On 8 June 1992 the Republic of Slovenia declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

Res/D/N

Albania Articles Reservations

Under Article 28 of this Convention, the Republic of Albania submits the following reservations:

a) In compliance with the first paragraph of Article 28 of this Convention, in the absence of applying reciprocity with the state, whose citizen the seeker of juridical assistance is, the Republic of Albania reserves the right to exclude the execution of Article 1 of the Convention for the persons, who are not citizens of a Contracting State, but who are however usual residents in a state that is Party to the Convention, different from the state making the reservation, or who used to be usual residents in the state making this reservation.

b) In compliance with Articles 7 and 28, second paragraph, point «a» of this Convention, the Republic of Albania takes into consideration only the applications compiled in Albanian, or accompanied with a translation in the Albanian language.

c) The second paragraph of the Article 13 of the Convention does not apply to the citizens of those states, which have shown reservations, in compliance with item «b» of Article 28 of the Convention and to the persons having a usual residence in these states.

d) The provision in Chapter II of the Convention do not apply to the citizens of the states, which have submitted reservations, in compliance with item «c» of Article 28 of the Convention and to the persons having a usual residence in these states.

Brazil Articles Declarations

[...] the Government of Federative Republic of Brazil declares that, in accordance with Articles 24 en 29 of the Convention, the Federal Republic of Brazil reserves the right to stipulate that forms and documents to be sent to Brazilian authorities must be accompanied by translations into Portuguese.

[...] under the reservation referred to in item a of the second paragraph of Article 28, pursuant to the second paragraph of Article 7 of the Convention.

Bulgaria Articles Reservations

The Republic of Bulgaria excludes the use of the English and French languages in the cases of Article 7, paragraph 2.

Costa Rica Articles Reservations

The Government of the Republic of Costa Rica, in accordance with Article 28 of the Convention on International Access to Justice, excludes the application of Article 20.

Cyprus Articles Declarations Reservations

Reservations

1. The Republic of Cyprus reserves the right to exclude the application of paragraph 2 of Article 13 as regards the grant of legal aid without examination of the circumstances of the person seeking endorsement or recognition of a judgment.

2. The Republic of Cyprus reserves the right to exclude the application of Chapter II as regards the non-requirement for security for costs for persons who are habitually resident in a Contracting State and who are plaintiffs or parties in proceedings in another Contracting State.

Declarations

1. (...)

2. The Republic of Cyprus declares that the documents sent to its Central Authority may be drawn up or translated in Greek (Article 24).»

Estonia Articles Reservations

«(...) that pursuant to Article 16 of the Convention, the Estonian Republic will not accept application submitted directly».

France Articles Declarations Reservations

Signature under the following reservation:

(Translation)

In accordance with Article 28, first paragraph, France reserves the right, if there is no reciprocity of treatment between it and the State of which the applicant for legal aid is a national to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State and in the case of persons who formerly had their habitual residence in France.

Ratification under the following reservations and declarations:

(Translation)

Pursuant to the provisions of Article 28, paragraph 1, France reserves the right to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State other than the reserving State or formerly had their habitual residence in the reserving State, if there is no reciprocity of treatment between the reserving State and the State of which the applicants for legal aid are nationals.

(...)

In accordance with the provisions of Article 28, paragraph 2 a, and pursuant to Article 7, paragraph 2, the Government will consider only those applications which are drawn up in French, or are accompanied by a translation into that language.

In accordance with the provisions of Article 33, the Government declares that the Convention shall extend to the whole of the territory of the French Republic.

Latvia Articles Reservations

In accordance with paragraph 2a of Article 28 of the Convention on International Access to Justice of 1980, the Republic of Latvia reserves the right to exclude the use of the French language under paragraph 2 of Article 7.

Lithuania Articles Reservations

(...)

and whereas it is provided in Article 16 of the said Convention, the Republic of Lithuania will not accept applications made directly;

and whereas it is provided in Articles 7 and 17 of the said Convention, the Republic of Lithuania declares that it will accept applications for legal aid submitted only in the Lithuanian, English, French or Russian languages, or, where the application is made in none of those languages, the application for legal aid and supporting documents shall be accompanied by a translation into Lithuanian, English, French or Russian languages (...)».

Luxembourg Articles Declarations Reservations

(Translation)

1. (a) The Grand Duchy of Luxembourg reserves the right to exclude the application of Article 1 to foreign nationals who are not nationals of a Contracting State and whose habitual residence is not in Luxembourg, if there are no reciprocal arrangements between Luxembourg and the State of which the applicant for legal aid is a national.

The present reservation does not apply to foreign nationals whose access to legal aid is expressly recognised by law.

(b) The Grand Duchy of Luxembourg shall not apply the second paragraph of Article 13 to nationals of a State that has entered the reservation provided for in Article 28(b) of the Convention and where necessary to persons whose habitual residence is in that State.

(c) The Grand Duchy of Luxembourg shall not apply the provisions of Chapter II to nationals of a State that has entered the reservation provided for in Article 28(c) of the Convention and where necessary to persons whose habitual residence is in that State.

2. (...)

Without prejudice to the Central Authority's powers to enlist the services of a lawyer, the public prosecutor in the place of domicile or residence of the defendant shall be competent to institute and pursue any proceedings with the object of enforcing an order for payment of costs and expenses as provided for in Article 15 of the Convention.

The Procurator General shall have the same powers in the event of proceedings before the Court of Appeal or the Court of Cassation.

Malta Articles Reservations

Pursuant to Article 28 of the Convention, the Government of Malta declares, that it excludes the application of Article 1 of the said Convention in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State other than Malta or formerly had their habitual residence in Malta, if there is no reciprocity of treatment between Malta and the State of which the applicants for legal aid are nationals.

Morocco Articles Declarations Reservations

(Translation)

The Kingdom of Morocco declares that applications for legal aid and applications for rendering enforceable orders for payment of costs and expenses shall be in Arabic.

The Kingdom of Morocco reserves the right to exclude the application of Article 1 of the Convention in the case of persons who are not nationals of a Contracting State but who are habitually resident in a Contracting State other than the reserving State or were formerly habitually resident in a reserving State, if there is no reciprocity of treatment between the reserving State and the State of which the applicants for legal aid are nationals.

The Kingdom of Morocco reserves the right to exclude the application of Article 13, paragraph 2, of the Convention.

Where a person has received legal aid for proceedings in a Contracting State and the decision has been given in those proceedings, he is not entitled ipso facto to legal aid in Morocco if he seeks to secure the recognition or enforcement of that decision there. A new application must be made and normal procedure followed.

The Kingdom of Morocco reserves the right to exclude the application of Article 20 of the Convention without prejudice to any bilateral convention concluded by Morocco which contains provisions to the contrary.

Netherlands Articles Declarations Reservations

Article 13, paragraph 2, shall not apply to the Kingdom in Europe.

a) Documents sent to the Central Authority of the Kingdom in Europe may, apart from the languages referred to in the Articles 7 and 17 of the Convention, also be drawn up in German or translated into German.

b) (...)

Romania Articles Reservations

In accordance with Article 28, paragraph 1, of the Convention, Romania reserves its right to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State or who formerly had their habitual residence in Romania, if there is no reciprocity of treatment with the State of which the applicants for legal aid are nationals.

Slovakia Articles Reservations

The Slovak Repoublic in accordance with Article 28, first paragraph, reserves the right to exclude the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence in a Contracting State or in the case of persons who formerly had their habitual residence in the Slovak Republic, if there is no reciprocity of treatment between the Slovak Republic and the State of which the applicant for legal aid is a national.

Spain Articles Declarations

«En relación con el artículo 5, España declara que se podrán presentar solicitudes por via consular.»

(Translation)

In connection with Article 5, Spain declares that it will be possible to submit applications by consular way.

Sweden Articles Reservations

1. Legal aid referred to in Article 13, second paragraph, will not be available in Sweden (Article 28, second paragraph b).

2. Documents sent to the Central Authority may be drawn up in or translated to the Danish or Norwegian language (Article 24).

Switzerland Articles Reservations

(Translation)

Re Articles 3 and 16 1. «In accordance with Article 29, paragraph 1, Switzerland designates the cantonal authorities listed [see „Authorities“] as Central Authorities within the meaning of Articles 3 and 16 of the Convention. Applications from abroad for legal aid or for rendering enforceable an order for the payment of costs and expenses may also be addressed to the Federal Justice and Police Department in Bern, which will forward them to the appropriate Central Authority.»

In so far as such legal aid or the rendering enforceable of an order for the payment of costs and expenses relates to proceedings, which by virtue of the rules governing internal competence of the internal sequence of proceedings must be heard before the federal authorities, the Federal Justice and Police Department will forward the applications concerned to the appropriate federal authorities. If such applications are submitted to the cantonal authorities, the latter will automatically forward them to the Federal Justice and Police Department.

Re Articles 4 and 16

2. In accordance with Article 29, paragraph 1, Switzerland declares that the authorities designated by virtue of Article 3 will also be responsible for performing the tasks of the transmitting authorities referred to in Article 4, paragraph 1, and Article 16, paragraph 1.

Re Articles 5 and 9

3. In accordance with Article 29, paragraph 2, Switzerland declares with regard to Articles 5 and 9 that the receiving Central Authority in Switzerland will also accept applications forwarded to it directly by post or through a diplomatic or consular mission.

Re Articles 7(2), 24 and 25

4. In accordance with Articles 28 and 29, Switzerland declares with regard to Articles 7, 24 and 25 that applications for legal aid and any accompanying documents must be drawn up in the language of the requested authority, that is in German, French or Italian, or accompanied by a translation into one of these languages, depending on the part of Switzerland in which the application is to be implemented. Documents drawn up in a language other than that of the requested authority or accompanied by a translation in a different language may be refused even if translation into the language of the requested authority is difficult in the requesting State.

Re Articles 17(1), 24 and 25

5. In accordance with Article 29, Switzerland declares with regard to Articles 17(1), 24 and 25 that an application for rendering enforceable an order for payment of costs and expenses and any accompanying documents must be drawn up in the language of the requested authority, that is in German, French or Italian, or accompanied by a translation into one of these languages, depending on the part of Switzerland in which the application is to be implemented.