Law of Ukraine
"On Ratification of the Agreement between Ukraine and the Republic of India on Mutual Legal Assistance in Civil and Economic Cases"
Date of entry into force:
December 18, 2013
The Agreement between Ukraine and the Republic of India on Mutual Legal Assistance in Civil and Economic Cases (hereinafter referred to as "Agreement") was concluded on December 10, 2012 in New Deli.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", the Agreement is subject to ratification.
The Law ratifies the Agreement.
According to Article 1 of the Agreement, citizens of the Party States are entitled to the same legal protection of their person, rights and interests on the territory of the other Party State according to the legislation of the latter, as the citizens of the latter Party State. Citizens of one Party State on the territory of the other Party State, according to the legislation of the latter, are entitled to free access to courts and other competent authorities, to file claims and protect their rights and interests in civil and economic cases, on the same terms as the citizens of the latter Party State. The provisions of the Agreement also apply to legal entities created according to the legislation of a Party State and whose place of operation is located on the territory of that Party State.
Requests for legal assistance are sent through the central authorities of the Party States. In Ukraine, the Central Authority is the Ministry of Justice of Ukraine. In the Republic of India, the Central Authority is the Ministry of Law and Justice (Article 2 of the Agreement).
Article 5 of the Agreement establishes that under the Agreement, the Party States shall provide each other the broadest scope of mutual legal assistance in civil and economic cases according to their national legislation. According to the Agreement, assistance includes:
- service of summons and other court or procedural documents;
- reception of proof under a written request;
- execution of resolutions, settlements and arbitration rulings.
The content of a request for legal assistance is determined by Article 6 of the Agreement.
A request for legal assistance is satisfied according to the legislation of the Party State receiving the request. However, the receiving Party State shall adhere to the specific method or procedure clearly stated in the request, to the extent where it does not contradict its legislation and practice. Requests are satisfied as promptly as is possible (Article 7 of the Agreement).
According to Article 9 of the Agreement, each Party State shall bear all expenses incurred on its territory to satisfy the request, and shall not demand compensation of such expenses. However, the receiving Party State has the right to request compensation of:
- any expenses and fees paid to witnesses, experts or translators;
- any costs incurred to ensure attendance of witnesses; and
- any costs or expenses incurred due to application of a special procedure on request.
Legal assistance is not granted if it is considered that provision of such legal assistance will violate the sovereignty, safety or public order of the Party State receiving the request. The other Party State shall be informed about the reasons for refusal, in writing. A request cannot be denied satisfaction solely because the receiving Party State, according to its national legislation, has exclusive jurisdiction in the matter of the relevant case, or because its national legislation does not provide for instigating proceedings in such a case (Article 10 of the Agreement).
Summon of witnesses and experts is regulated by Article 11 of the Agreement.
For the purposes of the Agreements, documents drawn up, issued, or certified and sealed with an official seal on the territory of one Party State, or other certified copies, are not subject to legalization on the territory of the other Party State. Documents issued by competent authorities of a Party State shall have the same evidentiary force on the territory of the other Party State (Article 13 of the Agreement).
The procedure for issuing documents about personal, family or property states is determined by Article 14 of the Agreement.
The Party States mutually recognize and execute resolutions that took effect in civil and economic cases, and resolutions in criminal cases in the part of monetary payments. Resolutions of a Party State court that, by their nature, do not require execution are recognized on the territory of the other Party State without special execution procedure. The procedure relating to recognition and execution of a court resolution is determined according to the legislation of the Party State receiving the request (Article 15 of the Agreement).
According to Article 16 of the Agreement, the conditions for recognition and execution of court resolutions are determined by the legislation of the Party State receiving the request.
Article 17 of the Agreement is dedicated to review of petitions for recognition and execution of a court resolution.
The Party States mutually recognize and execute arbitration resolutions made on the territory of the other Party State, according to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958 (Article 19 of the Agreement).