Legal Cooperation of CIS Countries in the Field of Civil, Family and Criminal Law

International legal cooperation in modern period obtains importance for the participants of economic, personal and family relationships with foreign element. Legal cooperation on civil and criminal matters plays an important role because cross-border economic and social processes appear as a regular element of legal actuality. The area of activities of the citizens of Armenia spreads in Russia and Russian companies are breaking onto Armenian market. So, sometimes those subjects may face legal complexities when carrying out certain activities.

In the aim of preventing such difficulties CIS countries established the order of rendering legal assistance on criminal, family and civil matters. Such legal cooperation are based on Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters. Following this convention the legal assistance may be granted by conducting expertise, searches, requisition, sending and delivery of exhibits, compiling and sending documents, conducting expertise and interrogations of the parties, accused, witnesses, experts, starting criminal persecution, search of the wanted persons and their delivery, recognition and fulfillment of court decisions in civil cases, verdicts on civil claims, writs of execution and so on.

Above listed ways of legal assistance are carried out through the central bodies of the CIS parties. Armenia, Belarus, Kazakhstan, Russia, Tajikistan and Ukraine carry out it through territorial bodies. The competent bodies in Armenia are specialized bodies of the Ministry of Justice of the RA and in Russia – specialized bodies of the Ministry of Justice in federal subjects. Sending the documents through the territorial bodies reduces the terms of delivery of the document and facilitates execution of the order. The order must consist of required and sufficient information for its execution by the body of requested state.

Minsk Convention established the obligation of the parties to satisfy requests of mailing without translation and free of charge certificates on registering acts of civil status, documents about education, duration of labour and so on. Persons turn to central bodies for mailing and vindication of documents. Armenia and Russia established opportunity to mail the documents on registering acts of civil status through the bodies of Civil Act Agency what reduces the terms of requisition of such documents. Documents concerning with personal and property rights of the citizens are subject to mailing through the territorial bodies.

Minsk Convention lets recognize and fulfil decisions of competent bodies of Russia and Armenia on family and civil matters as well as verdicts on civil claims which are pronounced in the territory of Russian Federation or Republic of Armenia. Decisions can be recognized by Russian or Armenian courts where they are subject to enforcement after filing the application on recognition of decision. The petition must be appended by the decision or its authorized copy, document confirming that the decision came into effect, the document confirming that the side against which the decision was taken and which didn’t participate in the process was summoned to the court in time and in proper order, the document confirming the partial execution of the decision at the moment of its sending as well as the document confirming the agreement of the sides about their turning to court. 

Fulfiling the commission on rendering legal assistance the organization that is object of the commission applies the law of its state. CIS countries also use the Agreement on the order of economic disputes resolution from 1992. Both Armenia and Russia are the participants of that agreement. Agreement regulates the issues on resolution of disputes concerned with contractual, civil relationships as well as enforcement of decisions. It is important to note that the objects of these two documents are different. Agreement has a narrow sphere of use (economic relations) in distinction from Minsk Convention.

Minsk Convention and Agreement establish the equal rights for persons and legal entities of other CIS countries on legal and judicial protection. Following to the Agreement, legal assistance is expressed in handing and mailing the documents and carrying out other procedural actions. Competent courts and other bodies enter into relations directly during legal cooperation. The decisions of Russian and Armenian bodies are recognized and fulfilled after filing the application. That application must be appended by authorized copy of the decision, document confirming that the decision came into effect, enforcement document and the document confirming that the other side was summoned in time and in appropriate order.

The following countries are the participants of Minsk Convention from 1993: Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine.

The participants of the Agreement on the order of economic dispute resolution from 1992 are Russia, Belarus, Ukraine, Uzbekistan, Kyrgyzstan, Armenia and Tajikistan.