Статус Конвенции о признании и приведении в исполнение решений, касающихся алиментных обязательств (Гаага, 2 октября 1973 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ О ПРИЗНАНИИ И ПРИВЕДЕНИИ В ИСПОЛНЕНИЕ РЕШЕНИЙ, КАСАЮЩИХСЯ АЛИМЕНТНЫХ ОБЯЗАТЕЛЬСТВ (ГААГА, 2 октября 1973 года)

(последние изменения произошли 17 ноября 2015 года)

Вступление в силу: 01.08.1976

Число государств-участников Конвенции: 24

CONVENTION OF 2 OCTOBER 1973 ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO MAINTENANCE OBLIGATIONS

Last update: 17.11.2015

Entry into force: 01.08.1976

Number of Contracting Parties to this Convention: 24

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.

N.B. In case a particular territorial unit is not mentioned in this table of extensions, it means that the application of the Convention has not (yet) been extended to that territorial unit.

<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> Ext = Extensions of application

<6> Authorities per Convention = Designation of Authorities

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

Type

Czech Republic Type Succession

On 28 January 1993, the Czech Republic declared itself to be bound by the Convention — including reservations and declarations made by Czechoslovakia — as of 1 January 1993, date of the division of Czechoslovakia.

Slovakia Type Succession

On 15 March 1993, the Slovak Republic declared itself to be bound by the Convention — including reservations and declarations made by Czechoslovakia as well as objections by Czechoslovakia in respect of reservations made by other Treaty Parties — as of 1 January 1993, date of the division of Czechoslovakia.

Res/D/N

Andorra Articles Reservations

(Translation)

In accordance with the first paragraph of Article 34 of the Convention, the principality of Andorra reserves the right not to recognise or enforce the decisions and the settlements described in paragraph 1 of Article 26.

Australia Articles Declarations Reservations

«The Government of Australia, pursuant to subparagraph 2 of the first paragraph of Article 26, hereby reserves the right not to recognise or enforce decisions or settlements in respect of maintenance obligations (a) between persons related collaterally and (b) between persons related by affinity.»

The Government of Australia further declares, pursuant to Article 32, that the Convention will extend to all the territories for the international relations of which Australia is responsible.»

Czech Republic Articles Declarations Reservations

Articles [26, 32]

01-01-1993

The Czech Republic maintains the reservation made by Czechoslovakia.

Reservation and declaration made by the former Czechoslovakia:

(Translation)

The Socialist Republic of Czechoslovakia, referring to the Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, concluded at The Hague on 2 October 1973, reserves the right in accordance with Article 34 of that Convention not to recognize or enforce the decisions and settlements relating to the maintenance obligations described in Article 26, paragraph 2 (a) and (b), since Czechoslovak Law does not recognize maintenance obligations between the persons mentioned therein.

At the same time, the Socialist Republic of Czechoslovakia wishes to state, in connection with Article 32 of the Convention according to all States the right to declare that the Convention shall be applicable to all territories for the international relations of which it is responsible, that keeping certain countries in a state of dependence is in its opinion contrary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.

Denmark Articles Reservations

With reservations provided for in Article 26, numbers 1 and 2, under (a) and (b).

Estonia Articles Declarations Reservations

«(...), the Estonian Riigikogu, while acceding to the said Convention, declared that the public body acting in Estonia as Transmitting and Receiving Agency shall be the Ministry of Justice.»

(...), the Estonian Riigikogu, while acceding to the said Convention, made a reservation in accordance with Article 34 not to recognise and enforce the decisions or settlements of paragraphs 2 and 3 of Article 26.»

Finland Articles Reservations

Signature under the following reservations:

«Subject to reservation provided for in Article 34 and Article 26, numbers 1 and 2.»

Acceptance under the following reservations:

«(...) subject to the reservations in conformity with Article 34 of the Convention made in connection with the signing of the Convention (...)».

Germany Articles Declarations Reservations

«Die Bundesrepublik Deutschland erklärt gemaß Artikel 26 Nr. 2 des Übereinkommens , daß sie Entscheidungen und Vergleiche in Unterhaltssachen»

a) zwischen Verwandten in der Seitenlinie und

b) zwischen Verschwägerten

weder anerkennen noch für vollstreckbar erklären/vollstrecken wird.

Ungeachtet dieses Vorbehaltes wird die Bundesrepublik Deutschland gemäsz ihrem innerstaatlichen Recht wie folgt verfahren: sie wird auch Entscheidungen und Vergleiche aus einem anderen Vertragsstaat in Unterhaltssachen zwischen Verwandten in der Seitenlinie und zwischen Verschwägerten nach den Vorschriften des Übereinkommens anerkennen und für vollstreckbar erklären/vollstrecken ; jedoch wird sie die Anerkennung und Vollstreckung solcher Entscheidungen auf Verlangen des Unterhaltungsverpflichteten versagen, wenn nach den innerstaatlichen Vorschriften des Staates, dem der Verpflichtete und der Berechtigte angehören , oder, mangels einer gemeinsamen Staatsangehörigkeit , des am gewöhnlichen Aufenthalt des Verpflichteten geltenden Rechts eine Unterhaltspflicht nicht besteht.

Die Bundesrepublik Deutschland erklärt ferner gemäß Artikel 25 des Übereinkommens , daß sie in ihren Beziehungen zu den Staaten, die dieselbe Erklärung abgegeben haben, alle vor einer Behörde oder einer Urkundsperson errichteten öffentlichen Urkunden, die im Ursprungsstaat aufgenommen und vollstreckbar sind, in das Übereinkommen einbezieht, soweit sich dessen Bestimmungen auf solche Urkunden anwenden lassen.»

(Translation)

The Federal Republic of Germany declares pursuant to sub-paragraph 2 of Article 26 of the Convention that it will not recognize or enforce a decision or settlement in respect of maintenance obligations

(a) between persons related collaterally and

(b) between persons related by affinity.

Notwithstanding this reservation, the Federal Republic of Germany will proceed as follows in accordance with its internal law: it will also recognize and enforce in conformity with the provisions of the Convention any decisions and settlement from another Contracting State in respect in maintenance obligations between persons related collaterally and between persons related by affinity; however, it will refuse recognition and enforcement of such decisions at the request of the maintenance debtor if there is no maintenance obligation under the internal law of the State of which the debtor and the creditor are nationals or, in the absence of a common nationality, under the law applicable at the habitual residence of the debtor.

The Federal Republic of Germany also declares pursuant to Article 25 of the Convention that the provisions of the Convention will be extended, in relation to other States making a declaration under this Article, to an official deed («acte authentique») drawn up by or before an authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

The Government of the Federal Republic of Germany declared, furthermore, that the Convention shall apply also to Berlin (West) with effect from the date on which it enters into force for the Federal Republic of Germany.

Greece Articles Reservations

(Translation)

Reservations to Article 26 of the Convention Greece reserves the right not to recognise or enforce decisions or settlements in respect of maintenance obligations:

a) between persons related collaterally (except for brothers and sisters), nor

b) between persons related by affinity.

Italy Articles Reservations

(Translation)

In accordance with Article 34 of the Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, the Italian Republic reserves the right not to recognize or enforce a decision or settlement unless it provides for the periodical payment of maintenance, provided for in Article 26, paragraph 3, except a decision or settlement providing for a single payment of the sum owed upon the dissolution of the marriage, as governed by the final sentence of Article 5, paragraph 4, of the Law of 1 December 1970, No. 898.

Lithuania Articles Reservations

«1. The Republic of Lithuania reserves the right not to recognize or enforce a decision or settlement insofar as it relates to a period of time after a maintenance creditor attains the age of twenty-one years or marries, except when the creditor is or was the spouse of the maintenance debtor (subparagraph 1 of Article 26 of the Convention;»

2. The Republic of Lithuania reserves the right not to recognize or enforce a decision or settlement in respect of maintenance obligations between persons related collaterally (subparagraph 2(a) of Article 26 of the Convention);

3. The Republic of Lithuania reserves the right not to recognize or enforce a decision or settlement in respect of maintenance obligations between persons related by affinity (subparagraph 2(b) of Article 26 of the Convention).»

Luxembourg Articles Reservation

(Translation)

In accordance with Article 34 of the Convention the Grand Duchy of Luxembourg reserves the right not to recognize or enforce

• a decision or settlement in respect of maintenance obligations

(a) between persons related collaterally

(b) between persons related by affinity;

• a decision or settlement unless it provides for the periodical payment of maintenance.

Netherlands Articles Declarations Notifications Reservations

Reservation and declaration of 12 December 1980

Reservation

In application of Article 34 in connection with Article 26 of the Convention the Kingdom makes the reservation that the Convention shall not be applied to decisions or settlements in respect of maintenance obligations between persons related collaterally.

Declaration

(...) in application of Article 25 the provisions of the Convention are extended, in relation to other States making the same declarations to an official deed drawn up by or before an authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

18 October 2010

The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao , Sint Maarten, Bonaire, Sint Eustatius and Saba.

With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.

These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles. These agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten.

The other islands that have formed part of the Netherlands Antilles — Bonaire, Sint Eustatius and Saba — became part of the Netherlands, thus constituting «the Caribbean part of the Netherlands». The agreements that applied to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.

25 July 2012

The reservation and declaration [of 12 December 1980] are confirmed for Curaçao , Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). The reservation and declaration remain valid for the European part of the Netherlands and Aruba.

Norway Articles Declarations Reservations

Signature with the reservation provided for in Article 26, paragraph 1, sub 2.

Ratification under the following reservation:

«In conformity with Article 34, the Government of Norway reserves the right provided for in Article 26, paragraph 1, No 2, not to recognize or enforce decisions and settlements relating to maintenance obligations between persons related collaterally and between persons related by affinity.»

By a Note dated 2 February 1992, Norway has informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the following:

«The Maintenance Enforcement Office in Oslo, International Division, as from 1.1.1992, is authorized to make decisions relating to the recovery of maintenance contributions to children in all cases where one of the parents is resident abroad — and that this instance as from the same date should serve as transmitting, as well as receiving agency in accordance with the Conventions, as far as the Hague Convention of 15 April 1958, art. 13 is concerned.»

By a Note dated 21 March 1995, Norway has informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the following:

«As from 1 October 1992 the Norwegian national insurance Office for Social insurance Abroad, Child Maintenance Division, functions as transmitting as well as receiving agency for the recovery of maintenance contributions to children where one of the parents is resident abroad.»

The address of the above-mentioned office is:

Folkertrygdkontoret for utenlandssaker

Bidragskontoret

Postboks 8138 Dep.

0032 Oslo

Norway».

Poland Articles Declarations Reservations

Reservations:

14-02-1995

(Translation)

Reservation referred to in Article 26(3) of the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, concluded on 2 October 1973.

The Republic of Poland, in accordance with Article 34, reserves the right not to recognize or enforce a decision or settlement unless it provides for a periodical payment of maintenance.

One of the principles of the Polish law concerning maintenance obligations is a periodical current provision of means of subsistence.

Declarations:

29-04-2021

The Republic of Poland takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on civil procedure (1954), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965), the Convention on the taking of evidence abroad in civil or commercial matters (1970), the Convention on the recognition and enforcement of decisions relating to maintenance obligations (1973), the Convention on the civil aspects of international child abduction (1980) and the Convention on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children (1996) and of the Declarations submitted by the Russian Federation on 19 July 2016 in relation to the Declarations made by Ukraine.

In relation to the Declarations made by the Russian Federation, the Republic of Poland declares, in accordance with the duty of non-recognition as lawful a situation created by a serious breach by State of an obligation arising under a peremptory norm of general international law and in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognize the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.

As regards the territorial scope of the above Conventions, the Republic of Poland therefore considers that the Conventions in principle continue to apply to the Autonomous Republic of Crimea and the city of Sevastopol as part of the territory of Ukraine.

The Republic of Poland further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol as well as certain districts of the Donetsk and Luhansk oblasts of Ukraine are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Conventions is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the government of Ukraine will determine the procedure for relevant communication.

As a consequence of the above, the Republic of Poland declares that it will not engage in any direct communication or interaction with authorities in the Autonomous Republic of Crimea and the city of Sevastopol as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine and will not accept any documents or requests emanating from such authorities or through the authorities of the Russian Federation, but will only engage with the central authorities of Ukraine for the purposes of the application and implementation of the conventions.

Portugal Articles Reservations

«Ao abrigo do primeiro parágrafo do artigo 34° da Convenção , Portugal reserva-se o direito de não reconhecer nem declarar executórias as decisões e transacções referidas no n° 1 e na alínea b) do n° 2 do art° 26°».

(Translation)

In accordance with Article 34, first paragraph, of the Convention the Portuguese State reserves the right not to recognize or enforce the decisions and settlements mentioned in Article 26, paragraphs 1 and 2 b.

Slovakia Articles Declarations Reservations

Reservation and declaration made by the former Czechoslovakia:

(Translation:)

The Socialist Republic of Czechoslovakia, referring to the Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, concluded at The Hague on 2 October 1973, reserves the right in accordance with Article 34 of that Convention not to recognize or enforce the decisions and settlements relating to the maintenance obligations described in Article 26, paragraph 2 (a) and (b), since Czechoslovak Law does not recognize maintenance obligations between the persons mentioned therein.

At the same time, the Socialist Republic of Czechoslovakia wishes to state, in connection with Article 32 of the Convention according to all States the right to declare that the Convention shall be applicable to all territories for the international relations of which it is responsible, that keeping certain countries in a state of dependence is in its opinion contrary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.

Sweden Articles Declarations Reservations

(Translation:)

In conformity with Article 34 of this Convention Sweden reserves the right not to recognize or enforce the decisions and settlements described in Article 26, numbers 1 and 2.

The provisions of the Convention will be extended, in relation to other States making a declaration under this Article to an official deed («acte authentique») drawn up by or before an authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

Switzerland Articles Notifications

Under the following reservation:

(Translation:)

In conformity with Article 34, Switzerland reserves the right provided for in Article 26, paragraph 1, number 2 a and b, not to recognize or enforce the decisions and settlements relating to maintenance obligations between persons related collaterally and between persons related by affinity.

By a note of 26 March 1993, received on 29 March 1993, Switzerland informed of the withdrawal of the reservation with regard to Article 26, paragraph 1, letters a and b. The reservation ceased to have effect on 1 June 1993.

Turkiye Articles Reservations

(Translation)

The Republic of Turkey reserves in accordance with Article 34 of the Convention, the right referred to in Article 26, sub-paragraphs 2 and 3, not to recognize or enforce a decision or settlement in respect of maintenance obligations between persons related collaterally and between persons related by affinity, and a decision or settlement unless it provides for the periodical payment of maintenance.

Ukraine Articles Declarations Reservations Depositary communications

Declarations and Reservations:

16-10-2015

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine — the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.

The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.

In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine — the Autonomous Republic of Crimea and the city of Sevastopol — as a result of the armed aggression of the Russian Federation committed against the Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the Conventions regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The procedure of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

03-04-2007

In accordance with Article 25 of the Convention Ukraine declares that it shall extend the provisions of this Convention over official documents determined by the Convention to the extent that the provisions of the Convention can be applied to such documents.

In accordance with Article 26 of the Convention Ukraine shall reserve the right not to recognise or not to implement decisions or agreements concerning obligations on keeping among persons who are non-direct relatives and among persons who are relatives on the part of the husband or wife, except cases in which the appropriate obligations on keeping would exist in accordance with the national legislation of Ukraine.

Depositary Communication:

Russian Federation

08-06-2017

(Unofficial translation)

Statement on the Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations:

Reaffirming its firm commitment to respect and fully comply with generally recognised principles and rules of international law, the Russian Federation, with reference to the declaration of Ukraine of 16 October 2015 regarding the Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, states the following.

The Russian Federation rejects to the above mentioned declaration of Ukraine and states that it cannot be taken into consideration as it is based on a bad faith and incorrect presentation and interpretation of facts and law.

The declaration of Ukraine regarding «certain districts of the Donetsk and Luhansk oblasts of Ukraine» cannot serve as a justification for non-compliance with its obligations, disregard for humanitarian considerations, refusal or failure to take necessary measures to find practical solutions for issues that have a very serious and direct impact on the ability of residents of those regions to exercise their fundamental rights and freedoms provided for by international law.