Article 1
Definitions
The definitions used in this Agreement shall mean the following:
"sentence" - a measure punishment, which constitutes an imprisonment of a person and in relevant cases an additional punishment imposed by a court decision for committing a crime;
"judgment" - a final court decision where the sentence is set forth. This Agreement is also applicable to final judgments imposing death penalty, which were later replaced in the state of passing a sentence with imprisonment according to an act of amnesty or act of pardon;
"sentenced person" - a person serving sentence in form of imprisonment according to a judgment;
"state of passing a sentence" - the Party where the judgment was passed regarding the person who could be or was transferred for further serving sentence;
"state of serving a sentence" the Party where the sentenced person could be or was transferred for further serving sentence.
Article 2
General obligation
The Parties shall provide each other with maximal assistance in the matters of transferring sentenced persons to the state of their nationality for serving remaining part of their sentence in accordance with the provisions of this Agreement.
Article 3
General Provisions
1. The transfer of a sentenced person for serving sentence may be performed on request of the state of passing a sentence or the state of serving a sentence.
2. The state of passing a sentence shall inform every sentenced person to whom this Agreement may be applied of the contents of this Agreement.
3. The sentenced person or his legal representative is entitled to file an application to the competent authority of either Party for transfer of the sentenced person.
The person filed an application for transfer shall promptly be notified in writing about the decision taken by the competent authority of the Party in connection with the application for transfer of the sentenced person.
Article 4
Grounds for refusal
The transfer of the sentenced person shall not take place if:
1) the sentenced person is not a national of the state of serving a sentence;
2) the judgment is not final;
3) in accordance with the law of the state of serving a sentence the act or omission which became the ground for the sentence does not constitute a criminal offence if committed on its territory, or is punished with imprisonment;
4) the transfer of the sentenced person can infringe sovereignty, security, or other essential interests of the requested Party, or contradicts the laws of the requested Party;
5) there is no written concept of the sentenced person; or when he is unable to express his will freely due to his age or condition of physical or mental health - his legal representative's written consent;
6) the competent authorities of the Parties have not come to an agreement on transfer of the sentenced person;
7) at the moment of receiving a request for transfer the a term of imprisonment to be served by the sentenced person is less than six months. In exceptional cases the Parties may agree about the transfer even though the remaining term of serving a sentence is less than six months;
8) the sentenced person is a party of pending criminal or other proceedings in the state of passing a sentence;
9) the sentenced person has failed to perform any of financial obligations imposed by court decision, or in the opinion of the competent authority of the state of passing a sentence, no sufficient guaranties for performing such obligations were received;
10) the sentence could not be enforced in the state of serving a sentence due to expiration of li
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