Статус Конвенции по вопросам гражданского процесса (Гаага, 1 марта 1954 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ ПО ВОПРОСАМ ГРАЖДАНСКОГО ПРОЦЕССА (ГААГА, 1 МАРТА 1954 ГОДА)

(последние изменения произошли 14 марта 2017 года)

Вступление в силу: 12.04.1957

Число государств-участников Конвенции: 49

CONVENTION OF 1 MARCH 1954 ON CIVIL PROCEDURE

Last update: 14.03.2017

Entry into force: 12.04.1957

Number of Contracting Parties to this Convention: 49

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

Belarus Type Succession

One of the successor States to the former USSR which became a Party to the Convention on 26 July 1967. On 17 May 1993, the Republic of Belarus declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

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 11 December 1962. 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 11 December 1962. 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.

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.

Montenegro Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 11 December 1962.

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 relating to civil procedure, concluded at The Hague on 1 March 1954, 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.»

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 11 December 1962. On 20 March 1996, The former Yugoslav Republic of Macedonia declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

Russian Federation Type Accession

On 28 October 1966 the Union of Soviet Socialist Republics deposited its instrument of accession to the Convention. As the Union of Soviet Socialist Republics does not exist anymore and since the Russian Federation according to its declaration contained in its Note of 13 January 1992 to the Heads of the Diplomatic Representations at Moscow (see under Declarations) continues to perform the rights and fulfil the obligations following from the international agreements signed by the Union of Soviet Socialist Republics, the depositary has asked the Russian Federation to let him know whether this declaration applies also to the present Convention and, in the affirmative, to inform him of the adaptations to be made in the communication of the Union of Soviet Socialist Republics of 17 September 1966.

Serbia Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 11 December 1962. 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.»

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.

Slovenia Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 11 December 1962. 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.

Ukraine Type Succession

Ukraine informed the depositary on 10 June 1999 that it wished to succeed to the Convention, to which the former Soviet Union was a Party.

No notification to the contrary having been received by the depositary before 1 September 1999, the Convention has remained in force between the Contracting States and Ukraine.

Res/D/N

Argentina Articles Declarations

«La República Argentina estima que la institución de la prisión por deudas en materia civil y comercial, en el estado actual del derecho internacional, es contraria a los principios generales reconocidos por las naciones civilizadas ( artículo 38 inciso 1, c) del Estatuto de la Corte Internacional de Justicia).»

(Translation)

The Argentine Republic deems the institution of imprisonment for debts in civil and commercial matters, in the current state of international law, to be contrary to the general principles recognized by civilized nations (section 38, para 1 (c), of the Statute of the International Court of Justice).

Austria Articles Declarations

Declaration:

09-03-2018

Austria takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), 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) to the «Autonomous Republic of Crimea» and the city of Sevastopol 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, Austria declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise 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, Austria 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.

Austria further notes the Declarations by Ukraine that the «Autonomous Republic of Crimea» and the city of Sevastopol 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 central authorities of Ukraine in Kiev will determine the procedure for relevant communication. As a consequence of the above, Austria 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 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 in Kiev for the purposes of the application and implementation of the conventions.

China Articles Declarations Notifications

This Convention applies to the Special Administrative Region of Macao only, as a result of an extension made by Portugal. When Macao was restored to the People's Republic of China on 20 December 1999, China declared that the Convention will continue to apply for Macao.

Date of entry into force of the Convention for Macao: 23 April 1968.

Declarations/notifications:

By letter of 9 December 1999, the Ambassador of Portugal at The Hague informed the Minister of Foreign Affairs of the Kingdom of the Netherlands of the following:

«Upon instructions from my Government and referring to the Convention relating to civil procedure concluded at The Hague on 1 March 1954 (hereinafter referred to as the Convention) which currently applies to Macao, I have the honour to inform Your Excellency of the following: In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macao, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macao until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macao, with effect from 20 December 1999.»

From 20 December 1999, the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macao. (...)»

The Ambassador of the People's Republic of China at The Hague informed the Minister of Foreign Affairs of the Kingdom of the Netherlands by letter of 10 December 1999 of the following:

(Courtesy translation)

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the question of Macao (hereinafter referred to as the Joint Declaration) signed on 13 April 1987, the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a Party but which are implemented in Macao may continue to be implemented in the Macao Special Administrative Region.

In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to inform Your Excellency of the following:

The Convention relating to civil procedure, done at The Hague on 1 March 1954 (hereinafter referred to as the Convention), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999. The Government of the People's Republic of China also wishes to make the following declaration:

With reference to the provisions of Article 15 of the Convention, the diplomatic or consular agents will not be permitted to execute letters rogatory directly towards nationals of the People's Republic of China or of a third State in the Macao Special Administrative Region.

Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a Party to the Convention. (...)

Cyprus Articles Reservations

«In accordance with Article 32 of the Convention, the Republic of Cyprus reserves the right to limit the application of Article 17 to nationals of the Contracting States who have their customary residence in its territory.»

Denmark Articles Reservations

«Le Gouvernement Danois désire profiter du droit stipulé dans les articles 6 et 15 de la Convention relative \text{а} la procédure civile, conclue \text{а} La Haye le 1 er mars 1954, en s'opposant \text{а} l'adaptation au Danemark des procédés mentionnés dans ledit article 6, 1 er paragraphe, número 3, et l'article 15.»

Egypt Articles Reservations

The Arab Republic of Egypt declared that the accession is subject to reservation on Articles 1 to 7 as between the Arab Republic of Egypt and States that are Parties to the present Convention as well as to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters concluded at The Hague on 15 November 1965, in accordance with Article 22 of the latter Convention.

Finland Articles Declarations

19-09-2018

The Government of Finland takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), 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 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 the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic of Crimea and the city of Sevastopol 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, Finland declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise 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, Finland 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.

Finland further notes the Declaration by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol 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 central authorities of Ukraine in Kyiv will determine the procedure for relevant communication.

As a consequence of the above, Finland 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 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 in Kyiv for the purposes of the application and implementation of the said conventions.

France Articles Notifications

On 23 July 1960 France notified its intention to apply the Convention to the following territories: the Islands of Saint-Pierre and Miquelon, the French Coast of Somaliland, New Caledonia and Dependencies (including Wallis and Futuna), French Polynesia. To see when the Convention entered into force between these territories and Contracting States, please return to the full status and click the corresponding number in the column «EXT».

On 28 December 1960 France notified its intention to apply the Convention to the following territories: the Algerian departments, Guadeloupe, Martinique, Guyana, Réunion .

The Convention entered into force between the Algerian departments, Guadeloupe, Martinique, Guyana and Réunion and the Contracting States on 17 July 1961.

On 2 March 1962 France notified its intention to apply the Convention to the Sahara departments of the Oases and Saoura.

The Convention entered into force between the Sahara departments of the Oases and Saoura and the Contracting States on 17 October 1962.

Germany Articles Declarations

Declaration:

06-06-2018

The Federal Republic of Germany takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), 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 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 the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (2007) to the Autonomous Republic of Crimea and the city of Sevastopol 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 Federal Republic of Germany declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise the illegal referendum in Crimea and the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol to the Russian Federation.

Regarding the territorial scope of the above Conventions, the Federal Republic of Germany 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 Federal Republic of Germany further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol 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 Federal Republic of Germany declares that it will only engage with the government of Ukraine for the purposes of the application and implementation of the conventions with regard to the Autonomous Republic of Crimea and the city of Sevastopol.

Iceland Articles Declarations Reservations

10-XI-2008

Iceland objects to the use of such methods of service of documents on its territory as mentioned in sub-paragraph 2 of paragraph 1 of Article 6 of the Convention.

In accordance with Article 15 of the Convention, Iceland declares that Letters of Request can only be directly executed by diplomatic officers or consular agents if, upon application, prior permission to that effect has been granted by the Ministry of Justice and Ecclesiastical Affairs.

9-VII-2009

Iceland hereby declares that in civil and commercial matters, the service of documents addressed to persons abroad, in accordance with Article 1, paragraph 1, of the Convention of 1 March 1954 on Civil Procedure, shall be made to the Ministry of Justice and Ecclesiastical Affairs.

Iceland further declares that letters of Request shall be transmitted by the consul of the requesting State, in accordance with Article 9, paragraph 1 of the Convention of 1 March 1954 on Civil Procedure, to the Ministry of Justice and Ecclesiastical Affairs.

Lastly, Iceland declares that the application for legal aid by an indigent person who is in a country other than that in which the free legal aid is to be sought in accordance with Article 23, paragraph 1 of the Convention of 1 March 1954 on Civil Procedure, shall be transmitted to the Ministry of Justice and Ecclesiastical Affairs.

Japan Articles Notifications

In a Note dated 14 July 1970, the Japanese Embassy at The Hague communicated the following to the Netherlands Ministry of Foreign Affairs:

«1) The Minister for Foreign Affairs is designated as the authority which receives requests for service from the Consul of the Contracting States, pursuant to the first paragraph of Article 1.»

2) The Minister for Foreign Affairs is designated as the authority which receives letters rogatory from the Consul of the Contracting States, pursuant to the first paragraph of Article 9.

3. The Minister for Foreign Affairs is designated as the authority which receives requests for free legal aid, pursuant to the first paragraph of Article 23.»

Latvia Articles Declarations

Declaration:

04-04-2018

The Ministry of Foreign Affairs of the Republic of Latvia [...] with reference to [...] the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), 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 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) has to honour to convey the following.

The Government of the Republic of Latvia takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the aforementioned Conventions to the Autonomous Republic of Crimea and the city of Sevastopol 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 Latvia declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise 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 Latvia 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 Latvia further notes the Declarations by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Convention is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kyiv will determine the procedure for relevant communication.

As a consequence of the above, the Republic of Latvia 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 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 in Kiev for the purposes of the application and implementation of the convention.

Lithuania Articles Declarations

Declaration:

16-06-2020

The Government of the Republic of Lithuania takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), 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 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) to the Autonomous Republic of Crimea and the city of Sevastopol 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 Government of the Republic of Lithuania declares, 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 Government of the Republic of Lithuania 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 Government of the Republic of Lithuania further notes the Declaration by Ukraine that the Autonomous Republic of Crimea and the city of Sevastopol 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 central authorities of Ukraine in Kyiv will determine the procedure for relevant communication.

As a consequence of the above, the Government of the Republic of Lithuania 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 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 in Kyiv for the purposes of the application and implementation of the said conventions.

Netherlands Articles Declarations Notifications

«By depositing the instrument of Her Majesty the Queen of the Netherlands ratifying the Convention relating to Civil Procedure, opened for signature at The Hague on 1 March 1954, I, the undersigned, Minister of Foreign Affairs of the Netherlands, declare on behalf of Her Majesty's Government that, for the Kingdom of the Netherlands, the term „metropolitan territories“ used in the said Convention shall mean „European territory“, in view of the equality which exists under public law between the Netherlands, Suriname and the Netherlands Antilles.»

(s.) J. LUNS»

The Convention of 1 March 1954 on civil procedure is also in force for Aruba (1 January 1986), as well as for Bonaire, Sint Eustatius, Saba, Curaçao and Sint Maarten (10 October 2010):

Declaration of 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.

Poland Articles Declarations

Declarations:

07-10-1964

II. A l'article 1, alinéa 3:

Le Gouvernement de la République Populaire de Pologne ne fera pas usage de la clause portant que les demandes de signification d'actes \text{а} effectuer par les tribunaux polonais soient adressées par la voie diplomatique.

III. A l'article 6:

Le Gouvernement de la République Populaire de Pologne ne consent pas \text{а} ce que la signification d'actes soit effectuée de la manière prévue par l'article 6, números 1 — 2, par conséquent , la signification par la voie de la poste ou par les intéressés directement par les soins des officiers ministériels ou autres fonctionnaires en Pologne n'est pas possible.

Toutefois le Gouvernement de la République Populaire de Pologne consent, \text{а} condition de réciprocité , \text{а} ce que la signification s'effectue de la manière prévue par l'article 6, numéro 3, entendu que la signification par l'agence diplomatique ou les agences consulaires des Etats requérants ne peut avoir lieu que lorsqu'il s'agit de leurs ressortissants séjournant en Pologne et sans user des moyens de contrainte.

(...)

V. A l'article 9, alinéa 3:

Le Gouvernement de la République Populaire de Pologne ne fera pas usage de la clause portant que les commissions rogatoires \text{а} exécuter par les tribunaux polonais soient adressées par la voie diplomatique.

VI. A l'article 18:

Le Gouvernement de la République Populaire de Pologne exprime son consentement \text{а} l'égard de tous les Etats signataires, \text{а} ce que les demandes d'exequatur des décisions judiciaires étrangères relatives aux frais et dépens dont il est question dans l'article 18 de la Convention puissent aussi être adressées par les parties intéressés directement aux tribunaux polonais compétents .

VII. A l'article 3, alinéa 2, \text{а} l'article 10 et \text{а} l'article 19:

En ce qui concerne la langue des traductions qui doivent accompagner les demandes de signification et les actes \text{а} signifier (article 3), les commissions rogatoires (article 10) et les demandes d'exequatur des décisions judiciaires relatives aux frais et dépens ainsi que les documents transmis avec ces demandes (article 19), le Gouvernement de la République Populaire de Pologne déclare qu'il appliquera en premier lieu le principe adopté par la Convention, c'est — à - dire qu'il se servira de la langue de l'état requis.

Toutefois, pour rendre plus faciles les relations juridiques, surtout au cas oú le nombre d'interprètes de la langue polonaise dans l'Etat requérant serait insuffisant, le Gouvernement de la République Populaire de Pologne consent, \text{а} condition de réciprocité , de se servir de la langue d'un Etat tiers ( française ou anglaise).»

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 Declarations Notifications

Notifications:

In a Note dated 21 April 1968 the Government of Portugal notified the following:

«Le Gouvernement portugais désire profiter de la possibilité qui lui est conférée par les alinéas 3 de l'art. 1 et de l'art. 9 de la Convention de La Haye relative \text{а} la procédure civile conclue le premier mars 1954. Dans ces conditions les Etats contractants devront continuer \text{а} transmettre par la voie diplomatique les actes judiciaires et les commissions rogatoires adressés aux autorités judiciaires portugaises.»*

On 25 September 1967 Portugal notified its intention to apply the Convention to the Portuguese Overseas Territories.

The Convention entered into force between the Portuguese Overseas Territories and the Contracting States, with the exception of Poland and the Union of Soviet Socialist Republics, on 23 April 1968.*

*The Ambassador of Portugal at The Hague informed the Minister of Foreign Affairs of the Kingdom of the Netherlands by letter of 10 December 1999 that «the Republic of Portugal withdraws, exclusively as to the application of the Convention in Macao, the declaration it has made through its notification of 21 April 1968 regarding paragraphs 3 of Articles 1 and 9 of the Convention».

Extract from a Note of the depositary, dated 11 April 2006, about the status of the former Portuguese overseas territories concerning the 1954 Convention:

«(...) Portugal did, on 23 April 1968, extend the application of the Convention of 1954 to its overseas territories. Thus the Convention entered into force for present-day Cape Verde, Guinea-Bissau, Sao Tomé and Principe, Mozambique, Angola, East Timor and Macao on 25 September 1967.»

(...) for none of these States, apart from SAR Macao, a declaration of succession has been deposited with the depositary.

In the case of East Timor such a declaration would not be acceptable, as 20 May 2002 is the official date of international recognition of East Timor's independence from Indonesia; Indonesia is no Party to the Convention and never declared that the Convention should remain applicable to East Timor. East Timor would have to accede to the Convention in order to be bound by it.

For Cape Verde, Guinea-Bissau, Sao Tomé and Principe, Mozambique and Angola the situation is different. Although at the moment none of these States is a Party to the Convention, they could still, in accordance with UN practice, succeed to the Convention. This would, again in accordance with UN practice, mean that such declarations would have retroactive effect to the respective dates of independence of these States, even after a lapse of several decades.

(...).»

Declaration:

13-03-2018

The Government of the Portuguese Republic takes note of the Declaration submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure, done at The Hague, on 1 March 1954 to the «Autonomous Republic of Crimea» and the city of Sevastopol and of the Declaration submitted by the Russian Federation on 19 July 2016 in relation to the Declaration made by Ukraine.

In relation to the Declaration made by the Russian Federation, the Government of the Portuguese Republic declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise 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 Convention, the Government of the Portuguese Republic therefore considers that the Convention in principle continues to apply to the «Autonomous Republic of Crimea» and the city of Sevastopol as part of the territory of Ukraine.

The Government of the Portuguese Republic further notes the Declaration by Ukraine that the «Autonomous Republic of Crimea» and the city of Sevastopol are temporarily not under the control of Ukraine and that the application and implementation by Ukraine of its obligations under the Convention is limited and not guaranteed in relation to this part of Ukraine's territory, and that only the central authorities of Ukraine in Kiev will determine the procedure for relevant communication.

As a consequence of the above, the Government of the Portuguese Republic 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 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 in Kiev for the purposes of the application and implementation of the convention.

Romania Articles Declarations

Declaration:

14-06-2018

Romania takes note of the Declarations submitted by Ukraine on 16 October 2015 regarding the application of the Convention on Civil Procedure (1954), the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the Convention on the Civil Aspects of International Child Abduction (1980), the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters (1965) 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) to the «Autonomous Republic of Crimea» and the city of Sevastopol 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, Romania declares, in line with the conclusions of the European Council of 20/21 March 2014, that it does not recognise 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, Romania 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.

Romania further notes the Declarations by Ukraine that the «Autonomous Republic of Crimea» and the city of Sevastopol 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 central authorities of Ukraine in Kiev will determine the procedure for relevant communication.

As a consequence of the above, Romania 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 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 in Kiev for the purposes of the application and implementation of the conventions.

Russian Federation Articles Declarations

«(...)»

The Russian Federation continues to perform the rights and fulfil the obligations following from the international agreements signed by the Union of the Soviet Socialist Republics.

Accordingly the Government of the Russian Federation shall perform the functions of a depository in conformity with the corresponding multilateral agreements instead of the Government of the USSR.

Therefore, the Ministry kindly requests to consider the Russian Federation as a Party to all international agreements in force instead of the USSR.

(...)

Moscow, January 13, 1992.»

By Note of 14 April 1992 received at the Ministry of Foreign Affairs at The Hague on 11 May 1992, the Russian Federation confirmed that the declaration of 13 January 1992 applies also to this Convention and reworded the communication made by the Government of the USSR in 1966.

Unofficial English translation:

With regard to the provisions of Articles 1, 6, 9 and 15 of the above-said Convention, I have the honour to inform you that in conformity to the procedure existing in the Russian Federation legal documents issued by foreign law authorities and intended for the delivery to persons residing on the territory of the Russian Federation, as well as legal instructions of the above-mentioned law authorities should be forwarded for execution to the relevant Russian institutions by diplomatic channels through the Ministry of Foreign Affairs of the Russian Federation. This procedure shall, by no means, prevent diplomatic and consular missions of foreign countries in the Russian Federation to present documents to citizens of the countries represented by these missions in accordance with the conditions stipulated in the last paragraph of Article 6 of said Convention.

19-07-2016

Unofficial translation

Statement on the Convention of 1 March 1954 on Civil Procedure «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 1 March 1954 on Civil Procedure, 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.

The declaration of independence of the Republic of Crimea and its voluntary accession to the Russian Federation are the result of a direct and free expression of will by the people of Crimea in accordance with democratic principles, a legitimate form of exercising their right to self-determination given an aided from abroad violent coup d'état in Ukraine which caused rampant radical nationalist elements not hesitating to use terror, intimidation and harassment against both its political opponents and the population of entire regions of Ukraine.

The Russian Federation rejects any attempts to call into question an objective status of the Republic of Crimea and the city of Sevastopol as constituent entities of the Russian Federation, the territories of which are an integral part of the territory of the Russian Federation under its full sovereignty. Thus, the Russian Federation reaffirms that it fully complies with its international obligations under the Convention in relation to this part of its territory».

10-06-1999

«(...) to confirm that in accordance with the procedure existing in Ukraine legal documents issued by foreign law authorities and intended for delivery to persons residing on the territory of Ukraine, as well as legal instructions of the above-mentioned law authorities should be forwarded for execution to the relevant Ukrainian institutions by diplomatic channels through the Ministry of Foreign Affairs of Ukraine. This procedure shall, by no means, prevent diplomatic and consular missions of foreign countries in Ukraine from presenting documents to citizens of the countries represented by these missions in accordance with the provisions of the last paragraph of Article 6 of the Convention.»