April 13, 2023

The Mazhilis has ratified the protocol on strengthening cooperation with Kyrgyzstan in providing legal assistance

The Mazhilis ratified the protocol on amendments and additions to the agreement between the Republic of Kazakhstan and the Kyrgyz Republic on mutual legal assistance in civil and criminal matters dated August 26, 1996.

“The Protocol provides for the amendment of Article 4 of the treaty, which provides for the definition of competent institutions that carry out relations in the provision of legal assistance by the contracting parties themselves and notify each other through diplomatic channels,” Justice Minister Azamat Eskarayev said, presenting the bill at the plenary session of the Mazhilis.

It was noted that the protocol also provides for:

– inclusion in the term “judicial decisions” of a court order and the procedure for its consideration when filing a petition for recognition and enforcement;

– exclusion of article 28, which establishes the competence of internal affairs bodies in providing legal assistance in criminal cases, since this function henceforth belongs to the Prosecutor General’s Office;

– amendment of article 40 of the treaty in connection with the exclusion of the competence of the internal affairs bodies.

“The Protocol is subject to ratification in accordance with paragraph 4 of Article 27 of the Law “On International Treaties of the Republic of Kazakhstan”. The ratification of the Protocol will further strengthen bilateral cooperation in the field of legal assistance in civil and criminal cases aimed at protecting the rights of citizens of Kazakhstan and Kyrgyzstan,” Azamat Eskarayev explained.

It was noted that the adoption of the draft law will not entail negative socio-economic and legal consequences, and also will not require additional financial costs from the republican budget.

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