Objectives of the UN convention against corruption. Information-analytical materials of the State Duma. Chapter I. Scope of application

agreed on the following:

Chapter I. General Provisions

Article 1
Goals

The objectives of this Convention are:

a) promoting the adoption and strengthening of measures aimed at more effective and efficient prevention of and fight against corruption;

b) encouraging, facilitating and supporting international cooperation and technical assistance in preventing and combating corruption, including the adoption of asset recovery measures;

with) promotion of honesty and integrity, responsibility, and the proper management of public affairs and public property.

Article 2
Terms

For the purposes of this Convention:

a)"public official" means:

i) any person appointed or elected holding any position in the legislative, executive, administrative or judicial body of a State Party, permanently or temporarily, with or without pay, regardless of the level of that person's office;

(ii) any other person performing any public function, including for a public agency or public enterprise, or providing any public service, as defined in the domestic law of a State Party and as applied in the relevant area of ​​the legal regulation of that State Party;

iii) any other person defined as a "public official" in the domestic law of a State Party. However, for the purposes of certain specific measures under chapter II of this Convention, "public official" may mean any person who performs any public function or provides any public service, as defined in the domestic law of a State Party and how it applies in the relevant area of ​​the legal regulation of that State Party;

b)"foreign public official" means any appointed or elected person holding any office in a legislative, executive, administrative or judicial body foreign state, and any person who performs any public function for a foreign state, including for a public agency or public enterprise;

with)"official of a public international organization" means an international civil servant or any person who is authorized by such an organization to act on its behalf;

d)"property" means any asset, whether tangible or intangible, movable or immovable, expressed in things or in rights, as well as legal documents or acts confirming the ownership of such assets or interest in them;

e)"proceeds of crime" means any property acquired or derived, directly or indirectly, from the commission of any crime;

f)"suspension of operations (freezing)" or "seizure" means the temporary prohibition of the transfer, transformation, alienation or movement of property, or the temporary entry into possession of such property, or the temporary exercise of control over it by order of a court or other competent authority;

g)"confiscation" means the permanent deprivation of property by order of a court or other competent authority;

h)"predicate offence" means any offense from which proceeds have been obtained in respect of which the acts constituting an offense referred to in article 23 of this Convention may be committed;

i)"controlled delivery" means a method whereby illegal or suspicious consignments are permitted to be exported, transported or brought into the territory of one or more States, with the knowledge and supervision of their competent authorities, for the purpose of investigating a crime and identifying persons involved in the commission of it crimes.

Article 3
Scope of application

1. This Convention shall apply, in accordance with its provisions, to the prevention, investigation and prosecution of corruption and to the suspension of operations (freezing), seizure, confiscation and return of the proceeds of crimes established in accordance with this Convention.

2. For the purposes of implementing this Convention, unless otherwise provided therein, it is not necessary that the commission of the offenses set forth in it cause injury or damage to public property.

Article 4
Defense of sovereignty

1. States Parties shall carry out their obligations under this Convention in accordance with the principles sovereign equality and territorial integrity of states and the principle of non-interference in the internal affairs of other states.

2. Nothing in this Convention entitles a State Party to exercise in the territory of another State the jurisdiction and functions which are exclusively within the competence of the authorities of that other State in accordance with its domestic law.

Chapter II. Measures to prevent corruption

Article 5
Policies and practices for preventing and combating corruption

1. Each State Party, in accordance with fundamental principles of its legal system, develops and implements or maintains an effective and coordinated anti-corruption policy that promotes public participation and reflects the principles of the rule of law, the proper administration of public affairs and public property, integrity, transparency and accountability.

2. Each State Party shall endeavor to establish and promote effective types practices aimed at preventing corruption.

3. Each State Party shall endeavor to periodically evaluate relevant legal instruments and administrative measures with a view to determining their adequacy in preventing and combating corruption.

4. States Parties shall, as appropriate and in accordance with the fundamental principles of their legal systems, cooperate with each other and with relevant international and regional organizations in developing and promoting the implementation of the measures referred to in this article. This interaction may include participation in international programs and projects aimed at preventing corruption.

Article 6
Body or bodies for preventing and combating corruption

1. Each State Party shall ensure, in accordance with the fundamental principles of its legal system, that there is an authority or, where appropriate, authorities, that carry out the prevention of corruption by measures such as:

a) the implementation of the policies referred to in Article 5 of this Convention and, as appropriate, the exercise of supervision and coordination of the implementation of such policies;

b) expansion and dissemination of knowledge on the prevention of corruption.

2. Each State Party shall provide the authority or authorities referred to in paragraph 1 of this article with the necessary autonomy, in accordance with the fundamental principles of its legal system, to enable such authority or authorities to carry out their functions effectively and free from any undue influence. . The necessary material resources and specialized personnel should be provided, as well as such training of personnel as may be required for the performance of the functions assigned to them.

3. Each State Party shall communicate to the Secretary-General of the United Nations the name and address of the body or bodies that may assist other States Parties in developing and implementing specific measures to prevent corruption.

Article 7
public sector

1. Each State Party shall endeavor, as appropriate and in accordance with the fundamental principles of its legal system, to establish, maintain and strengthen such systems for the recruitment, recruitment, service, promotion and retirement of civil servants and, as appropriate cases, other unelected public officials, which:

a) are based on the principles of efficiency and transparency and on such objective criteria as impeccable performance, fairness and ability;

b) include appropriate procedures for the selection and training of personnel for holding public positions considered particularly vulnerable to corruption and for the rotation, as appropriate, of such personnel in such positions;

with) contribute to the payment of adequate remuneration and the establishment of fair salaries, taking into account the level of economic development of the State Party;

d) promote educational and training programs to enable such persons to meet the requirements for the correct, conscientious and proper performance of public functions, and provide them with specialized and appropriate training in order to increase their awareness of the risks of corruption associated with the performance of their functions. Such programs may contain references to codes or standards of conduct in applicable areas.

2. Each State Party shall also consider adopting appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, in order to establish criteria for candidates and elections to public office.

3. Each State Party shall also consider adopting appropriate legislative and administrative measures, consistent with the objectives of this Convention and in accordance with the fundamental principles of its domestic law, in order to enhance transparency in the funding of candidates for elected public office and, where applicable, the funding of political parties.

4. Each State Party shall endeavor, in accordance with the fundamental principles of its domestic law, to establish, maintain and strengthen systems that promote transparency and prevent conflicts of interest.

Article 8
Codes of conduct for public officials

1. In order to combat corruption, each State Party shall promote, inter alia, the integrity, integrity and responsibility of its public officials, in accordance with the fundamental principles of its legal system.

2. In particular, each State Party shall endeavor to apply, within its institutional and legal systems, codes or standards of conduct for the correct, conscientious and proper performance of public functions.

3. For the purposes of implementing the provisions of this article, each State Party shall take into account, as appropriate and in accordance with the fundamental principles of its legal system, relevant initiatives of regional, interregional and multilateral organizations, such as the International Code of Conduct for Public Officials, annexed to General Assembly on December 12, 1996.

4. Each State Party shall also consider, consistent with the fundamental principles of its domestic law, establishing measures and systems to encourage public officials to report acts of corruption they become aware of in the exercise of their functions to the appropriate authorities.

5. Each State Party shall endeavor, as appropriate and in accordance with the fundamental principles of its domestic law, to establish measures and systems requiring public officials to declare to the appropriate authorities, inter alia, outside activities, employment, investments, assets and significant gifts or benefits that could create a conflict of interest in relation to their functions as public officials.

6. Each State Party shall consider taking, in accordance with the fundamental principles of its domestic law, disciplinary or other measures against public officials who violate codes or standards established pursuant to this article.

Article 9
Public Procurement and Public Financial Management

1. Each State Party shall take, in accordance with the fundamental principles of its legal system, the necessary measures to establish appropriate procurement systems that are based on transparency, competition and objective decision-making criteria and are effective, inter alia, in preventing corruption. Such systems, which may provide for appropriate thresholds in their application, affect, inter alia, the following:

a) public dissemination of information relating to procurement procedures and procurement contracts, including information on invitations to bid and relevant or relevant contract award information, in order to allow potential bidders sufficient time to prepare and submit their bids;

b) setting, in advance, the conditions for participation, including criteria for selection and decision-making on the conclusion of contracts, as well as the rules for bidding, and their publication;

with) the application of predetermined and objective criteria in relation to public procurement decisions in order to facilitate subsequent verification of the correctness of the application of rules or procedures;

d) an effective internal control system, including an effective system of appeals, to provide legal means of challenge and remedies in the event of non-compliance with the rules or procedures established under this paragraph;

e) measures to regulate, as appropriate, matters relating to personnel who are responsible for procurement, such as the requirement to declare interest in specific public procurements, screening procedures and training requirements.

2. Each State Party shall take, in accordance with the fundamental principles of its legal system, appropriate measures to promote transparency and accountability in the management of public finances. Such measures include, among others, the following:

a) procedures for approving the national budget;

b) timely submission of income and expenditure reports;

c) a system of accounting and auditing standards and related oversight;

d) effective and efficient risk management and internal control systems; and

e) where appropriate, correction in case of non-compliance with the requirements set out in this paragraph.

3. Each State Party shall take such civil and administrative measures as may be necessary, in accordance with the fundamental principles of its domestic law, to ensure the preservation of books, records, financial statements or other records relating to public expenditure and revenue, and prevent the falsification of such documentation.

Article 10
Public reporting

Bearing in mind the need to combat corruption, each State Party shall take, in accordance with the fundamental principles of its domestic law, such measures as may be necessary to enhance transparency in its public administration, including with regard to its organization, functioning and, where appropriate, decision-making processes. Such measures may include, among others, the following:

a) adoption of procedures or rules to enable the public to obtain, as appropriate, information on the organization, functioning and decision-making processes of the public administration and, with due regard to protection privacy and personal data, decisions and legal acts affecting the interests of the population;

b) simplification of administrative procedures, where appropriate, to facilitate public access to competent decision-making bodies; and

Article 11
Measures against the judiciary and prosecution authorities

1. Bearing in mind the independence of the judiciary and its crucial role in the fight against corruption, each State Party shall take, in accordance with the fundamental principles of its legal system and without prejudice to the independence of the judiciary, measures to strengthen the integrity and integrity of judges and members of the judiciary and to prevent any opportunities for corruption among them. Such measures may include rules concerning the conduct of judges and members of the judiciary.

2. Measures similar to those taken pursuant to paragraph 1 of this article may be introduced and applied by the prosecution authorities in those States Parties where they are not part of the judiciary but enjoy the same independence as the judiciary. .

Article 12
Private sector

1. Each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to prevent corruption in the private sector, strengthen accounting and auditing standards in the private sector and, where appropriate, establish effective, proportionate and dissuasive civil legal, administrative or criminal sanctions for non-compliance with such measures.

2. Measures to achieve these objectives may include, inter alia, the following:

a) facilitating cooperation between law enforcement agencies and relevant private organizations;

b) promoting the development of standards and procedures designed to ensure integrity in the operation of relevant private entities, including codes of conduct for the correct, fair and proper conduct of business by businesses and all relevant professions and the avoidance of conflicts of interest, and to encourage the use of fair commercial practices between commercial enterprises and in contractual relations between them and the state;

with) promotion of transparency in the activities of private entities, including, where appropriate, measures to identify legal entities and individuals involved in the creation and management of corporate entities;

d) prevention of abuse of procedures governing the activities of private entities, including procedures relating to subsidies and licenses granted by public authorities for the conduct of commercial activities;

e) preventing conflicts of interest by placing restrictions, where appropriate and for a reasonable period, on the professional activities of former public officials or on the employment of public officials in the private sector after their retirement or retirement, where such activity or employment is directly related with the functions which such public officials performed during their term of office or over which they supervised;

f) ensuring that private entities, given their structure and size, have sufficient internal audit controls in place to assist in the prevention and detection of acts of corruption and that the accounts and required financial statements of such private entities are subject to appropriate auditing and certification procedures.

3. In order to prevent corruption, each State Party shall take such measures as may be necessary, in accordance with its domestic laws and regulations governing accounting, financial reporting, and accounting and auditing standards, to prohibit the following activities carried out for the purpose of committing any of the offenses established in accordance with this Convention:

a) creation of informal reporting;

b) conducting unrecorded or incorrectly registered transactions;

with) keeping records of non-existent expenses;

d) reflection of obligations, the object of which is incorrectly identified;

e) use of forged documents; and

f) intentional destruction of accounting documentation earlier than the deadlines stipulated by law.

4. Each State Party shall deny tax exemption in respect of expenses constituting bribes, which are one of the elements of the offenses established in accordance with articles 15 and 16 of this Convention, and, where appropriate, in respect of other expenses incurred in order to facilitate acts of corruption.

Article 13
Community involvement

1. Each State Party shall take appropriate measures, within its capabilities and in accordance with the fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations in preventing and combating corruption and in enhancing public understanding of the existence, causes and dangers of corruption and the threats it poses. This participation should be strengthened through measures such as:

a) strengthening transparency and promoting the involvement of the population in decision-making processes;

b) providing the population with effective access to information;

with) carrying out activities to inform the population, contributing to the creation of an atmosphere of intolerance against corruption, as well as the implementation of public education programs, including curricula in schools and universities;

d) respect, encouragement and protection of the freedom to seek, receive, publish and disseminate information about corruption. Certain restrictions may be placed on this freedom, but only such restrictions as are provided by law and are necessary:

i) to respect the rights or reputations of others;

ii) for the protection of national security, or public order, or the protection of public health or morals.

2. Each State Party shall take appropriate measures to ensure that the relevant anti-corruption authorities referred to in this Convention are known to the public and shall ensure that such authorities have access to report to them, including anonymously, on any cases which may be regarded as constituting any of the offenses established in accordance with this Convention.

Article 14
Measures to prevent money laundering

1. Each State Party:

a) establishes a comprehensive domestic regulatory and supervisory regime for banks and non-banking financial institutions, including natural or legal persons providing formal or informal services in connection with translation Money or valuables, as well as, where appropriate, other bodies that are particularly vulnerable to money-laundering, within their competence, in order to prevent and detect all forms of money-laundering, and such a regime is based primarily on requirements regarding identifying the identity of the client and, where appropriate, the beneficial owner, maintaining records and reporting suspicious transactions;

b) without prejudice to Article 46 of this Convention, ensure that administrative, regulatory, law enforcement and other authorities involved in the fight against money-laundering (including, where in accordance with domestic law, the judiciary) are capable of cooperating and exchanging information at national and international levels under the conditions established by its domestic law and, to this end, is considering the establishment of a financial intelligence unit to act as a national center for the collection, analysis and dissemination of information relating to possible cases of money-laundering.

2. Participating States shall consider adopting practicable measures to detect and control the movement of cash and related negotiable instruments across their borders, subject to safeguards to ensure the proper use of the information and without creating any obstruction. movement of legal capital. Such measures may include requiring individuals and businesses to report cross-border transfers of significant amounts of cash and transfers of related negotiable instruments.

3. Participating States shall consider taking appropriate and practicable measures to establish a requirement that financial institutions, including money transfer institutions:

a) include accurate and meaningful originator information in electronic funds transfer forms and related messages;

b) store such information throughout the payment chain; and

c) carried out in-depth verification of funds transfers in the absence of complete information about the sender.

4. In establishing a domestic regulatory and supervisory regime pursuant to the provisions of this article, and without prejudice to any other article of this Convention, States Parties are invited to be guided by relevant initiatives of regional, interregional and multilateral organizations against money-laundering.

5. Participating States shall endeavor to develop and promote global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulators to combat money-laundering.

Chapter III. Criminalization and law enforcement

Article 15
Bribery of national public officials

a) promising, offering or giving to a public official, personally or through intermediaries, any undue advantage to the official himself or to another person or entity in order for that official to take any action or omission in the performance of his official duties;

b) soliciting or accepting by a public official, personally or through intermediaries, any undue advantage to the official himself or to another person or entity in order for that official to perform any act or omission in the performance of his official duties.

Article 16
Bribery of foreign public officials and officials of public international organizations

1. Each State Party shall take such legislative and other measures as may be necessary to criminalize, when committed intentionally, promising, offering or giving to a foreign public official or an official of a public international organization, in person or through intermediaries, any undue advantage to the official himself or to another person or entity in order for that official to take any action or omission in the performance of his official duties to obtain or retain a commercial or other undue advantage in connection with the conduct of international affairs.

2. Each State Party shall consider adopting such legislative and other measures as may be necessary to criminalize the solicitation or acceptance by a foreign public official or an official of a public international organization, whether personally or through intermediaries, any undue advantage for the official himself or for another person or entity in order for that official to perform any act or omission in the performance of his official duties.

Article 17
Theft, misappropriation or other diversion of property by a public official

Each State Party shall take such legislative and other measures as may be necessary to criminalize, when committed intentionally, theft, misappropriation or other diversion by a public official for the benefit of himself or another natural or legal person any property, public or private funds or securities, or any other item of value in the possession of that public official by virtue of his official position.

Article 18
Trading in influence

Each State Party shall consider adopting such legislative and other measures as may be necessary to criminalize the following acts when committed intentionally:

a) promising, offering or giving to a public official or any other person, whether personally or through intermediaries, any undue advantage in order that that public official or such other person will abuse his real or perceived influence in order to obtain from the administration or public authority of the State -participant in any undue advantage to the original initiator of such action or any other person;

b) soliciting or accepting, by a public official or any other person, personally or through intermediaries, any undue advantage for himself or for another person, so that that public official or such other person abuses his real or perceived influence in order to obtain from administration or public authority of the State Party of any undue advantage.

Article 19
Malpractice

Each State Party shall consider adopting such legislative and other measures as may be necessary to criminalize, when committed intentionally, abuse of power or position, i.e. commission of any act or omission, in violation of the law, by a public official in the performance of his functions in order to obtain any undue advantage for himself or another person or entity.

Article 20
Illegal enrichment

Subject to its constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary to criminalize, when committed intentionally, illicit enrichment, i.e. a significant increase in the assets of a public official in excess of his legal income, which he cannot reasonably justify.

Article 21
Bribery in the private sector

Each State Party shall consider adopting such legislative and other measures as may be necessary to criminalize the following acts when committed intentionally in the course of economic, financial or commercial activities:

a) promising, offering or giving, personally or through intermediaries, any undue advantage to any person who directs or works for a private sector entity, for such person or for another person, in order to cause that person to commit , in violation of their duties, any act or omission;

b) soliciting or accepting, personally or through intermediaries, any undue advantage by any person who directs or works for a private sector entity, for such person or for another person, in order to cause that person to commit, in violation of their duties, any action or inaction.

Article 22
Theft of property in the private sector

Each State Party shall consider adopting such legislative and other measures as may be necessary to criminalize, when committed intentionally in the course of economic, financial or commercial activities, embezzlement by a person who directs the operation of a private sector entity or works, in any capacity, in such organization, any property, private funds, or securities, or any other item of value held by that person by virtue of his official position.

Article 23
Laundering the proceeds of crime

1. Each State Party shall take, in accordance with the fundamental principles of its domestic law, such legislative and other measures as may be necessary to criminalize the following acts when committed intentionally:

(i) Conversion or transfer of property, if such property is known to be the proceeds of crime, for the purpose of concealing or disguising the criminal source of that property or for the purpose of assisting any person involved in the commission of the predicate offense so that he can evade liability for your deeds;

(ii) Concealment or disguise of the true nature, source, location, disposition, movement, rights to or ownership of property, knowing that such property is the proceeds of crime;

b) subject to the basic principles of its legal system:

i) the acquisition, possession or use of property, knowing at the time of receipt that such property is the proceeds of crime;

(ii) participating in, complicity in, or conspiring to commit, attempting to commit any of the offenses established in accordance with this article, or aiding, abetting, facilitating or advising in its commission.

2. For the purposes of implementing or applying paragraph 1 of this Article:

a) each State Party shall endeavor to apply paragraph 1 of this article to the widest possible range of predicate offences;

b) each State Party shall include in the predicate offenses at least the comprehensive range of offenses established in such terms in accordance with this Convention;

with) for the purposes of subparagraph b The predicate offenses above include offenses committed both within and outside the jurisdiction of the State Party concerned. However, offenses committed outside the jurisdiction of a State Party constitute predicate offenses only if the act in question is criminal under the domestic law of the State in which it is committed and would be criminal under the domestic law of the State Party, in which this article is carried out or applies, if it were done there;

d) each State Party shall submit to the Secretary-General of the United Nations the texts of its laws giving effect to the provisions of this article, as well as the texts or descriptions of any subsequent amendments to such laws;

e) if the fundamental principles of the domestic law of a State Party so require, it may be provided that the offenses set forth in paragraph 1 of this article do not apply to the perpetrators of the predicate offence.

Article 24
Concealment

Without prejudice to the provisions of article 23 of this Convention, each State Party shall consider adopting such legislative and other measures as may be necessary to criminalize acts when committed intentionally after the commission of any of the offenses established in accordance with this Convention, without participation in the commission of such offences, the concealment or continued retention of property, if the person concerned is aware that such property is derived from any of the offenses established in accordance with this Convention.

Article 25
Obstruction of justice

Each State Party shall take such legislative and other measures as may be necessary to criminalize the following acts when committed intentionally:

a) the use of physical force, threats or intimidation, or the promise, offer or giving of an undue advantage, with the intent to induce perjury or to interfere with the giving of testimony or the production of evidence in proceedings in connection with the commission of the offenses established in accordance with this Convention;

b) the use of physical force, threats or intimidation to interfere with the performance of official duties by a judicial or law enforcement official in the course of proceedings in connection with the commission of offenses established in accordance with this Convention. Nothing in this subparagraph shall be prejudicial to the right of States Parties to have legislation providing for the protection of other categories of public officials.

Article 26
Liability of legal persons

1. Each State Party shall take such measures as, subject to its legal principles, may be necessary to establish the liability of legal persons for participation in offenses established in accordance with this Convention.

2. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative.

3. The imposition of such liability shall not prejudice the criminal liability of natural persons who have committed crimes.

4. Each State Party shall, in particular, ensure that legal persons held liable under this article are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions, including monetary sanctions.

Article 27
Participation and attempt

1. Each State Party shall take such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, participation in any capacity, for example, as an accomplice, accomplice or abettor, in commission of any offense established in accordance with this Convention.

2. Each State Party may take such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, any attempt to commit any of the offenses established in accordance with this Convention.

3. Each State Party may take such legislative and other measures as may be necessary to criminalize, in accordance with its domestic law, the preparation to commit any offense established in accordance with this Convention. .

Article 28
Awareness, intent and intent as elements of a crime

The knowledge, intent or intent required as elements of any offense established in accordance with this Convention may be established from the objective factual circumstances of the case.

Article 29
statute of limitations

Each State Party shall, where appropriate, establish, in accordance with its domestic law, a long statute of limitations for the initiation of proceedings in respect of any offenses established in accordance with this Convention, and shall establish a longer statute of limitations or the possibility of suspending the running of the statute of limitations where a person suspected of committing a crime evades justice.

Article 30
Harassment, adjudication and sanctions

1. Each State Party shall, for the commission of any offense established in accordance with this Convention, provide for the imposition of such penal sanctions as shall take into account the gravity of that offence.

2. Each State Party shall take such measures as may be necessary to establish or ensure, in accordance with its legal system and constitutional principles, an appropriate balance between any immunities or jurisdictional privileges accorded to its public officials in connection with their performance functions, and the ability, if necessary, to carry out effective investigations and criminal prosecution and adjudicate in connection with the offenses established in accordance with this Convention.

3. Each State Party shall endeavor to ensure that any discretionary legal powers provided in its domestic law relating to the prosecution of persons for offenses established in accordance with this Convention are used to achieve the maximum effectiveness of law enforcement measures in respect of those offenses and with due regard to the need prevent the commission of such crimes.

4. For the offenses established in accordance with this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defense, to ensure that the conditions imposed in connection with release decisions before the trial or before the decision on the cassation appeal or protest, take into account the need to ensure the presence of the accused during the subsequent criminal proceedings.

5. Each State Party shall take into account the gravity of the offenses concerned when considering the possibility of early or conditional release of persons convicted of such offences.

6. Each State Party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures whereby a public official charged with an offense established in accordance with this Convention may, in appropriate cases, dismissed, suspended from duty or transferred to another position by the appropriate authority, taking into account the need to respect the principle of the presumption of innocence.

7. Where justified in view of the gravity of the offence, each State Party, to the extent consistent with the fundamental principles of its legal system, shall consider establishing procedures for deprivation for a specified period of time established in its domestic law, by order of a court or by any other appropriate means, persons convicted of offenses established in accordance with this Convention, the right:

a) hold a public position; and

b) hold a position in any enterprise wholly or partly owned by the state.

8. Paragraph 1 of this article is without prejudice to the exercise by the competent authorities of disciplinary powers against civil servants.

9. Nothing contained in this Convention shall affect the principle that the determination of the offenses established in such terms in accordance with this Convention and the applicable legal objections or other legal principles determining the lawfulness of acts are within the scope of the domestic law of each State Party, and criminal prosecution and punishment for such crimes are carried out in accordance with this legislation.

10. States Parties shall endeavor to promote the reintegration into society of persons convicted of offenses established in accordance with this Convention.

Article 31
Suspension of operations (freezing), arrest and confiscation

1. Each State Party shall take, to the maximum extent possible within its domestic legal system, such measures as may be necessary to enable confiscation of:

a) the proceeds of crimes established in accordance with this Convention, or property, the value of which corresponds to the value of such proceeds;

b) property, equipment and other means used or intended to be used in the commission of offenses established in accordance with this Convention.

2. Each State Party shall take such measures as may be necessary to enable the identification, tracing, freezing or seizure of any of those listed in paragraph 1 of this article with a view to eventual confiscation.

3. Each State Party shall take, in accordance with its domestic law, such legislative and other measures as may be necessary to regulate the administration by the competent authorities of the frozen, seized or confiscated property referred to in paragraphs 1 and 2 of this article.

4. If such proceeds of crime have been converted or converted, in whole or in part, into other property, the measures referred to in this article shall apply to such property.

5. If such proceeds of crime have been intermingled with property acquired from lawful sources, then confiscation, without prejudice to any power to freeze or seize, shall be subject to that part of the property which corresponds to the assessed value of the intermingled proceeds.

6. Profits or other benefits derived from such proceeds of crime, from property into which such proceeds of crime have been converted or transformed, or from property with which such proceeds of crime have been intermingled, shall also be subject to the measures referred to in this article in the same way and to the same extent as for the proceeds of crime.

7. For the purposes of this article and article 55 of this Convention, each State Party shall empower its courts or other competent authorities to order the production or seizure of banking, financial or commercial records. The State Party does not shy away from taking action under the provisions of this paragraph by invoking the need to maintain bank secrecy.

8. States Parties may consider establishing a requirement that an offender prove the lawful origin of such alleged proceeds of crime or other property subject to confiscation, to the extent that such a requirement is consistent with the fundamental principles of their domestic law and the nature litigation and other proceedings.

10. Nothing contained in this article shall affect the principle that the measures referred to in it shall be determined and implemented in accordance with and subject to the provisions of the domestic law of a State Party.

Article 32
Protection of witnesses, experts and victims

1. Each State Party shall take appropriate measures, in accordance with its domestic legal system and within its means, to provide effective protection against possible retaliation or intimidation against witnesses and experts who testify in connection with offenses established in such in accordance with this Convention and, where appropriate, in respect of their relatives and other persons close to them.

2. The measures provided for in paragraph 1 of this article, without prejudice to the rights of the accused, including the right to a due process, may include, inter alia:

a) establishing procedures for the physical protection of such persons, for example, to the extent necessary and practicable, for their relocation to another location, and the adoption of such provisions as to permit, as appropriate, the confidentiality of information relating to the identity and whereabouts such persons, or establish restrictions on such disclosure of information;

b) the adoption of rules of evidence allowing witnesses and experts to testify in a manner that ensures the safety of such persons, such as allowing evidence to be given by means of communication such as video or other appropriate means.

3. States Parties shall consider entering into agreements or arrangements with other States for the resettlement of persons referred to in paragraph 1 of this article.

4. The provisions of this article shall also apply to victims insofar as they are witnesses.

5. Each State Party shall create, subject to its domestic law, facilities for the expression and consideration of the views and concerns of victims at appropriate stages of criminal proceedings against perpetrators in a manner that does not prejudice the rights of the defence.

Article 33
Protection of whistleblowers

Each State Party shall consider including in its domestic legal system appropriate measures to ensure that any person reporting in good faith and on reasonable grounds to the competent authorities any facts relating to offenses established in accordance with this Convention is protected from any unfair treatment.

Article 34
Consequences of acts of corruption

With due regard to the rights of third parties acquired in good faith, each State Party shall take measures, in accordance with the fundamental principles of its domestic law, to address the effects of corruption. In this context, States Parties may consider corruption as a factor of relevance in proceedings for the annulment or rescission of contracts, or the revocation of concessions or other similar instruments, or other remedial action.

Article 35
Compensation for damage

Each State Party shall take such measures as may be necessary, in accordance with the principles of its domestic law, to ensure that legal or natural persons who have suffered damage as a result of an act of corruption have the right to initiate proceedings against persons bearing responsible for this damage, to obtain compensation.

Article 36
Specialized Bodies

Each State Party shall ensure, in accordance with the fundamental principles of its legal system, that there is a body or bodies or persons specialized in combating corruption through law enforcement. Such body or bodies or persons shall be provided with the necessary autonomy, in accordance with the fundamental principles of the legal system of the State Party, to enable them to carry out their functions effectively and without any undue influence. Such persons or employees of such body or bodies shall be suitably qualified and resourced for the performance of their tasks.

Article 37
Law Enforcement Cooperation

1. Each State Party shall take appropriate measures to encourage persons who participate or have participated in the commission of any offense established in accordance with this Convention to provide information useful to the competent authorities for the purposes of investigation and evidence, and providing factual, concrete assistance to the competent authorities that can help to deprive criminals of the proceeds of crime and to take measures to return such proceeds.

2. Each State Party shall consider providing for the possibility of mitigating the sentence, in appropriate cases, of an accused person who cooperates substantially in the investigation or prosecution of any offense established in accordance with this Convention.

3. Each State Party shall consider providing for the possibility, in accordance with the fundamental principles of its domestic law, of granting immunity from prosecution to a person who cooperates substantially in the investigation or prosecution of any offense established in such in accordance with this Convention.

4. The protection of such persons, mutatis mutandis, shall be in accordance with the procedure provided for in Article 32 of this Convention.

5. Where a person referred to in paragraph 1 of this article who is located in one State Party can cooperate in a significant way with the competent authorities of another State Party, the States Parties concerned may consider entering into agreements or arrangements, in accordance with its domestic law, regarding the possible granting by another State Party to such person of the treatment referred to in paragraphs 2 and 3 of this article.

Article 38
Cooperation between national authorities

Each State Party shall take such measures as may be necessary to encourage, in accordance with its domestic law, cooperation between, on the one hand, its public authorities, as well as public officials, and, on the other hand, its authorities responsible for investigating and criminal prosecution. Such cooperation may include:

a) providing such responsible authorities with information, on their own initiative, if there are reasonable grounds for believing that any of the offenses established in accordance with Articles 15, 21 and 23 of this Convention has been committed; or

b) providing such responsible authorities, upon request, with all necessary information.

Article 39
Cooperation between national authorities and the private sector

1. Each State Party shall take such measures as may be necessary to encourage, in accordance with its domestic law, cooperation between national investigative and prosecution authorities and private sector entities, in particular financial institutions, on matters relating to the commission of offenses established those in accordance with this Convention.

2. Each State Party shall consider encouraging its citizens and other persons habitually residing in its territory to report to national investigating authorities and the prosecution authorities of the commission of any offense established in accordance with this Convention.

Article 40
banking secrecy

Each State Party shall ensure, in the case of domestic criminal investigations in connection with offenses established in accordance with this Convention, that there are adequate mechanisms within its domestic legal system to overcome obstacles that may arise from the application of bank secrecy laws.

Article 41
Information about a criminal record

Each State Party may take such legislative or other measures as may be necessary to take into account, under such conditions and for such purposes as it deems appropriate, any prior conviction in another State against a person suspected of the offense under investigation, for the use of such information in the course of criminal proceedings in connection with an offense established in accordance with this Convention.

Article 42
Jurisdiction

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over offenses established in accordance with this Convention when:

a) the offense is committed in the territory of that State Party; or

b) the offense is committed on board a vessel that was flying the flag of that State Party at the time the offense was committed, or an aircraft that was registered under the laws of that State Party at that time.

2. Subject to article 4 of this Convention, a State Party may also establish its jurisdiction over any such offense when:

a) the offense is committed against a national of that State Party; or

b) the offense is committed by a national of that State Party or a stateless person who has his or her habitual residence in its territory; or

c) the offense is one of the offenses established in accordance with paragraph 1 b(ii) Article 23 of this Convention, and committed outside its territory for the purpose of committing any offense established in accordance with paragraph 1 a i) or ii) or b(i) Article 23 of this Convention, in its territory; or

d) the offense is committed against that State Party.

3. For the purposes of article 44 of this Convention, each State Party shall take such measures as may be necessary to establish its jurisdiction over offenses established in accordance with this Convention when a person suspected of having committed an offense is present in its territory. nor shall it extradite such a person on the sole ground that he is one of its citizens.

4. Each State Party may also take such measures as may be necessary to establish its jurisdiction over offenses established in accordance with this Convention when a person suspected of having committed an offense is present in its territory and does not extradite his.

5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article is notified or otherwise becomes aware that any other States Parties are investigating, prosecuting or proceeding in connection with the same act, the competent authorities of these States Parties shall, as appropriate, consult with each other with a view to coordinating their actions.

6. Without prejudice to rules of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.

Chapter IV. The international cooperation

Article 43
The international cooperation

1. States Parties shall cooperate in criminal matters in accordance with articles 44 to 50 of this Convention. Where appropriate and consistent with their domestic legal system, the participating States shall consider assisting each other in investigations and proceedings in civil and administrative matters relating to corruption.

2. When, in relation to matters of international cooperation, the principle of dual criminality is required, that principle shall be deemed to be observed, whether or not the law of the requested State Party includes the relevant act in the same category of crimes or whether it describes it in the same terms, as the requesting State Party, if the act constituting the offense for which assistance is requested is criminalized under the laws of both States Parties.

Article 44
extradition

1. This article shall apply to offenses established in accordance with this Convention if the person for whom extradition is requested is present in the territory of the requested State Party, provided that the act for which extradition is requested is a criminal offense under domestic law of both the requesting State Party and the requested State Party.

2. Notwithstanding the provisions of paragraph 1 of this article, a State Party whose law so permits may permit the extradition of a person in respect of any of the offenses covered by this Convention that are not criminalized under its own domestic law.

3. Where the request for extradition relates to several separate offenses, at least one of which is extraditable under this article and the others are not extraditable because of the length of their sentence, but are offenses established in accordance with this Convention, the requested State Party may apply this article also to these offences.

4. Each of the offenses to which this article applies shall be deemed to be included in any extradition treaty between States Parties as an extraditable offense. States Parties undertake to include such offenses as extraditable offenses in any extradition treaty to be concluded between them. A State Party whose law so permits, when it invokes this Convention as a basis for extradition, shall not consider any of the offenses established in accordance with this Convention to be a political offence.

5. If a State Party making extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may consider this Convention as the legal basis for extradition in connection with any offense to which this article applies.

6. State Party making extradition conditional on the existence of a treaty:

a) when depositing its instrument of ratification, acceptance or approval of, or accession to, this Convention, inform the Secretary-General of the United Nations whether it will use this Convention as a legal basis for extradition cooperation with other States Parties to this Convention ; and

b) if it does not use this Convention as the legal basis for cooperation in matters of extradition, seek, as appropriate, to conclude extradition treaties with other States Parties to this Convention for the purpose of applying this article.

7. States Parties that do not make extradition conditional on the existence of a treaty shall, as between themselves, recognize the offenses to which this article applies as extraditable offences.

8. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or applicable extradition treaties, including, inter alia, conditions relating to minimum penalty requirements for extradition and the grounds on which the requested State Party may refuse in issue.

9. With respect to any offense to which this article applies, States Parties shall, subject to their domestic law, endeavor to expedite extradition procedures and to simplify the evidence requirements associated therewith.

10. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party, upon being satisfied that the circumstances so warrant and are urgent, and at the request of the requesting State Party, may take into custody a person present in its territory, whose extradition is requested, or take other appropriate measures to ensure that he or she is present during the extradition proceedings.

11. A State Party in whose territory a person suspected of having committed an offense is present, if it does not extradite such person in connection with an offense to which this article applies on the sole ground that he is one of its nationals, shall, by the request of the State Party requesting extradition to refer the case without undue delay to its competent authorities for the purpose of prosecution. Those authorities shall take their decision and proceed in the same manner as in the case of any other offense of a dangerous nature under the domestic law of that State Party. The participating States concerned shall cooperate with each other, in particular on procedural and evidentiary matters, to ensure the effectiveness of such prosecutions.

12. In all cases where a State Party is permitted under its domestic law to extradite or otherwise transfer one of its nationals only on the condition that that person be returned to that State Party to serve a sentence imposed as a result of a trial or proceeding, in connection with which the extradition or surrender of that person has been requested, and that State Party and the State Party requesting the extradition of that person have agreed to such procedure and such other conditions as they may deem appropriate, such conditional extradition or surrender shall be sufficient to fulfill the obligation established in paragraph 11 of this article.

13. If extradition requested for the purpose of carrying out a sentence is refused because the person sought is a national of the requested State Party, the requested State Party, if its domestic law so permits and if consistent with the requirements of such law, upon application by the requesting State Party shall consider the enforcement of the sentence, or the remainder of the sentence, imposed under the domestic law of the requesting State Party.

14. Any person in whose case proceedings are carried out in connection with any offense to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including the exercise of all rights and guarantees provided for by the domestic law of the State Party in whose territory that person is present. .

15. Nothing in this Convention shall be construed as establishing an obligation to extradite if the requested State Party has substantial grounds for believing that the request for extradition is intended to prosecute or punish a person on account of his sex, race, religion, nationality, ethnic origin. or political opinion, or that granting the request would prejudice that person's position for any of these reasons.

16. States Parties may not refuse to comply with a request for extradition on the sole ground that the offense is also considered to involve fiscal matters.

17. Prior to refusal of extradition, the requested State Party shall, as appropriate, consult with the requesting State Party in order to provide it with sufficient opportunity to present its views and provide information relevant to the facts presented in its request.

18. States Parties shall endeavor to conclude bilateral and multilateral agreements or arrangements with a view to implementing or enhancing the effectiveness of extradition.

Article 45
Transfer of convicted persons

States Parties may consider concluding bilateral or multilateral agreements or arrangements for the transfer of persons sentenced to imprisonment or other forms of deprivation of liberty for offenses established in accordance with this Convention, so that they may serve their sentence in their territory.

Article 46
Mutual legal assistance

1. States Parties shall afford each other the widest possible mutual legal assistance in the investigation, prosecution and judicial proceedings in connection with the offenses covered by this Convention.

2. Mutual legal assistance shall be provided to the maximum extent possible under the relevant laws, international treaties, agreements and arrangements of the requested State Party in respect of the investigation, prosecution and prosecution of offenses for which the requesting State Party is liable a legal entity may be involved in accordance with Article 26 of this Convention.

3. Mutual legal assistance provided under this article may be requested for any of the following purposes:

a) obtaining testimonies or statements from individuals;

b) service of court documents;

with) search and seizure, as well as suspension of operations (freezing);

d) inspection of objects and areas of the area;

e) provision of information, physical evidence and expert assessments;

f) providing originals or certified copies of relevant documents and materials, including government, banking, financial, corporate or commercial documents;

g) identifying or tracing proceeds of crime, property, instrumentalities or other items for evidentiary purposes;

h) facilitating the voluntary appearance of relevant persons before the authorities of the requesting State Party;

i) provision of any other form of assistance not inconsistent with the domestic law of the requested State Party;

j) detection, freezing and tracing proceeds of crime in accordance with the provisions of chapter V of this Convention;

k) seizure of assets in accordance with the provisions of Chapter V of this Convention.

4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal matters to a competent authority in another State Party in cases where they consider that such information may assist that authority in implementing or the successful completion of an investigation and prosecution, or may result in a request made by that State Party in accordance with this Convention.

5. The transmission of information pursuant to paragraph 4 of this article shall be without prejudice to investigations and criminal proceedings in the State of the competent authorities providing the information. Competent authorities receiving information comply with a request that the information be kept confidential, even on a temporary basis, or comply with restrictions on its use. This shall not, however, prevent the receiving State Party from disclosing in its proceedings that information which exonerates the accused. In such a case, prior to disclosure, the receiving State Party shall notify the providing State Party and, if requested to do so, consult with the providing State Party. If, in exceptional circumstances, advance notification is not possible, the receiving State Party shall promptly communicate such disclosure to the providing State Party.

6. The provisions of this article shall not affect obligations under any other treaty, whether bilateral or multilateral, which governs or will govern, in whole or in part, mutual legal assistance.

7. Paragraphs 9 to 29 of this article shall apply to requests made under this article unless the States Parties concerned are bound by any mutual legal assistance treaty. If those States Parties are bound by such a treaty, then the relevant provisions of that treaty shall apply, unless the States Parties agree to apply paragraphs 9 to 29 of this article instead. States Parties are urged to apply these paragraphs if it promotes cooperation.

8. States Parties shall not refuse mutual legal assistance under this article on the basis of bank secrecy.

a) The requested State Party, when responding to a request for assistance under this article in the absence of a dual criminality, shall take into account the objectives of this Convention as set out in article 1;

b) States Parties may refuse to provide assistance under this article on the grounds that there is no dual criminality in question. However, the requested State Party shall provide, where consistent with the basic concepts of its legal system, assistance, provided such assistance does not involve coercive measures. Such assistance may be refused where requests involve matters of a de minimis nature or matters in respect of which the requested cooperation or assistance may be secured under other provisions of this Convention;

with) each State Party may consider taking such measures as may be necessary to enable it to provide greater assistance under this article in the absence of dual criminality.

10. A person who is in custody or is serving a term of imprisonment in the territory of one State Party and whose presence in another State Party is required for the purposes of identifying, giving evidence or otherwise assisting in obtaining evidence for an investigation, prosecution or trial in connection with the offenses covered by this Convention may be transferred subject to the following conditions:

a) this person freely gives his informed consent to this;

b) the competent authorities of both States Parties shall reach agreement on such terms and conditions as those States Parties may consider appropriate.

11. For the purposes of paragraph 10 of this Article:

a) The State Party to which a person is transferred shall have the right and obligation to detain the person transferred, unless the State Party to which the person was transferred has requested otherwise or authorized otherwise;

b) The State Party to which a person is transferred shall promptly fulfill its obligation to return that person to the disposal of the State Party which transferred the person, as previously agreed or as otherwise agreed by the competent authorities of both States Parties;

with) The State Party to which a person is transferred shall not require the State Party which transferred the person to initiate extradition proceedings for his return;

d) the transferred person shall, for the duration of the sentence served in the State which transferred him, be given credit for the period of detention in the State Party to which he was transferred.

12. Without the consent of a State Party which, in accordance with paragraphs 10 and 11 of this article, must transfer a person, that person, regardless of his nationality, shall not be subjected to criminal prosecution, detention, punishment or any other restriction on his personal freedom in the territory of the state to which the person is transferred, in connection with an act, omission or conviction relating to the period before his departure from the territory of the state to which he transferred this person.

13. Each State Party shall designate a central authority which shall be responsible for receiving requests for mutual legal assistance and either executing them or transmitting them for execution to the competent authorities and having the appropriate powers. Where a State Party has a special region or territory with a separate system of mutual legal assistance, it may designate a distinct central authority to exercise the same function in relation to that region or territory. Central Authorities shall ensure prompt and proper execution or transmission of requests received. If the central authority forwards the request for execution to the competent authority, it shall facilitate the prompt and proper execution of the request by the competent authority. Upon the deposit by each State Party of its instrument of ratification, acceptance, approval or accession to this Convention, the Secretary-General of the United Nations shall be notified of the central authority designated for that purpose. Requests for mutual legal assistance and any communications relating thereto shall be transmitted to the central authorities designated by the States Parties. This requirement is without prejudice to the right of a State Party to require that such requests and communications be sent to it through diplomatic channels and, in case of emergency, where the States Parties so agree, through the International Criminal Police Organization, if possible.

14. Requests shall be made in writing or, if possible, by any means capable of producing a written record, in a language acceptable to the requested State Party, under conditions enabling that State Party to establish authenticity. Upon deposit of an instrument of ratification, acceptance or approval of, or accession to, this Convention, the Secretary-General of the United Nations shall be notified of the language or languages ​​acceptable to each State Party. In exceptional circumstances, and if so agreed by the participating States, requests may be submitted orally, but they shall be promptly confirmed in writing.

15. A request for mutual legal assistance shall specify:

a) the name of the body making the request;

b) the substance of the matter and the nature of the investigation, prosecution or proceeding to which the request relates, and the name and functions of the body conducting that investigation, prosecution or proceeding;

with) a summary of the relevant facts, except as regards requests for service of court documents;

d) a description of the assistance requested and details of any specific procedure that the requesting State Party wishes to comply with;

e) where possible, details of the identity, location and nationality of any relevant person; and

f) the purpose of the requested evidence, information or measures.

16. The requested State Party may request additional information if that information is deemed necessary to comply with the request in accordance with its domestic law or if the information may facilitate the execution of such a request.

17. The request shall be executed in accordance with the domestic law of the requested State Party and, to the extent not inconsistent with the domestic law of the requested State Party, to the extent possible, in accordance with the procedures specified in the request.

18. To the extent possible and consistent with fundamental principles of domestic law, if any person is present in the territory of a State Party and is to be heard as a witness or expert by the judicial authorities of another State Party, the first State Party may, at the request of another State Party, allow the hearing to be held by video link if the personal presence of the person concerned on the territory of the requesting State Party is not possible or desirable. States Parties may agree that the hearing shall be held by a judicial authority of the requesting State Party in the presence of representatives of a judicial authority of the requested State Party.

19. The requesting State Party shall not transfer or use information or evidence provided by the requested State Party for investigations, prosecutions or judicial proceedings other than those specified in the request without the prior consent of the requested State Party . Nothing in this paragraph shall prevent the requesting State Party from disclosing in its proceedings that information or evidence that exonerates the accused. In this case, prior to disclosure of information or evidence, the requesting State Party shall notify the requested State Party and, if requested to do so, consult with the requested State Party. If, in exceptional cases, advance notice is not possible, the requesting State Party shall promptly communicate such disclosure to the requested State Party.

20. The requesting State Party may require that the requested State Party keep confidential the existence and substance of the request, except to the extent necessary to comply with the request itself. If the requested State Party is unable to comply with the requirement of confidentiality, it shall promptly inform the requesting State Party.

21. Mutual legal assistance may be refused:

a) if the request has not been submitted in accordance with the provisions of this article;

b) if the requested State Party considers that the execution of the request would be prejudicial to its sovereignty, security, public order or other vital interests;

c) if the domestic law of the requested State Party prohibits its authorities from taking the requested measures in respect of any similar offense if such offense were the subject of an investigation, prosecution or judicial proceeding within its jurisdiction;

d) if the execution of the request would be contrary to the legal system of the requested State Party in relation to matters of mutual legal assistance.

22. States Parties may not refuse a request for mutual legal assistance on the sole ground that the offense is also considered to involve tax matters.

23. Any refusal to grant mutual legal assistance shall be motivated.

24. The requested State Party shall comply with a request for mutual legal assistance as soon as possible and, to the extent possible, take full account of any time limits proposed by the requesting State Party that are justified, preferably in the request itself. The requesting State Party may make reasonable requests for information on the status and progress of measures taken by the requested State Party to satisfy its request. The requested State Party shall respond to reasonable inquiries by the requesting State Party regarding the status and progress of the request. The requesting State Party shall promptly inform the requested State Party that the requested assistance is no longer needed.

25. Mutual legal assistance may be delayed by the requested State Party on the grounds that it will interfere with ongoing investigations, prosecutions or judicial proceedings.

26. Before refusing to comply with a request under paragraph 21 of this article or postponing a request under paragraph 25 of this article, the requested State Party shall consult with the requesting State Party to determine whether assistance can be provided within such timeframe and under such conditions. which the requested State Party considers necessary. If the requesting State Party accepts assistance subject to such conditions, it shall comply with those conditions.

27. Without prejudice to the application of paragraph 12 of this article, a witness, expert or other person who, at the request of the requesting State Party, agrees to testify in proceedings or to assist in an investigation, prosecution or trial in the territory of the requesting State Party shall not be subjected to criminal prosecution, detention, punishment or any other restriction of his personal freedom in that territory in connection with an act, omission or conviction relating to the period prior to his departure from the territory of the requested State Party. Such guarantee of personal safety shall cease if the witness, expert or other person, within fifteen consecutive days or during any period agreed between the States Parties, from the date on which such person was formally notified that his presence is no longer required by judicial authorities, had the opportunity to leave the territory of the requesting State Party, but, nevertheless, voluntarily remained in that territory or, having left it, returned back of his own free will.

28. The ordinary costs of executing a request shall be borne by the requested State Party, unless the States Parties concerned agree otherwise. If the execution of the request requires or will require significant or extraordinary expenses, the States Parties shall consult with a view to determining the conditions under which the request will be executed, as well as how the costs will be covered.

a) provide the requesting State Party with copies of governmental materials, documents or information in its possession which, under its domestic law, are open to the public;

b) may, at its option, provide to the requesting State Party, in whole or in part, or subject to such conditions as it deems appropriate, copies of any governmental materials, documents or information in its possession which, under its domestic law, are not publicly available.

30. States Parties shall consider, as appropriate, the possibility of concluding bilateral or multilateral agreements or arrangements that would serve the purposes of, give effect to, or enhance the provisions of this article.

Article 47
Transfer of criminal proceedings

States Parties shall consider the possibility of transferring to one another proceedings for the prosecution of an offense established in accordance with this Convention in cases where such transfer is considered to be in the interests of the proper administration of justice, in particular where several jurisdictions are involved. , to ensure the consolidation of criminal cases.

Article 48
Law enforcement cooperation

1. States Parties shall cooperate closely with each other, consistent with their domestic legal and administrative systems, to enhance the effectiveness of law enforcement measures to combat the offenses covered by this Convention. States Parties shall, in particular, take effective measures aimed at:

a) strengthening or, where necessary, establishing channels of communication between their competent authorities, agencies and services in order to ensure the reliable and rapid exchange of information on all aspects of the offenses covered by this Convention, including, if the States Parties concerned consider it appropriate, links with other types of criminal activity;

b) cooperating with other States Parties in the conduct of investigations in connection with the offenses covered by this Convention, with a view to identifying:

i) the identity, location and activities of persons suspected of involvement in such crimes, or the location of other persons involved;

ii) the movement of proceeds of crime or property derived from such crimes;

(iii) the movement of property, equipment or other means used or intended to be used in the commission of such offences;

with) providing, where appropriate, the necessary items or the required amount of substances for the purposes of analysis or investigation;

d) exchanging, as appropriate, with other States Parties information on the specific means and methods used to commit the offenses covered by this Convention, including the use of false identities, false, altered or forged documents and other means to conceal activities;

e) facilitating effective coordination among their competent authorities, agencies and services and encouraging the exchange of staff and other experts, including, subject to the conclusion of bilateral agreements or arrangements by the participating States concerned, the deployment of liaison officers;

f) exchange of information and coordination of administrative and other measures taken, as appropriate, for the purpose of early detection of the offenses covered by this Convention.

2. For purposes practical application of this Convention, States Parties shall consider entering into bilateral or multilateral agreements or arrangements for direct cooperation between their law enforcement agencies and, where such agreements or arrangements already exist, amending them. In the absence of such agreements or arrangements between the States Parties concerned, the States Parties may consider this Convention as the basis for mutual law enforcement cooperation in respect of the offenses covered by this Convention. Where appropriate, States Parties shall make full use of agreements or arrangements, including the mechanisms of international or regional organizations, to enhance cooperation among their law enforcement agencies.

3. States Parties shall endeavor to cooperate, within their means, to counter the offenses covered by this Convention committed with the use of modern technology.

Article 49
Joint investigations

Participating States shall consider the possibility of concluding bilateral or multilateral agreements or arrangements whereby, in connection with cases that are the subject of investigation, prosecution or judicial proceedings in one or more States, the competent authorities concerned may establish joint investigation bodies. In the absence of such agreements or arrangements, joint investigations may be conducted by agreement on a case-by-case basis. The States Parties concerned shall ensure that the sovereignty of the State Party in whose territory such an investigation is to be carried out is fully respected.

Article 50
Special Investigative Techniques

1. In order effective fight corruption, each State Party, to the extent permitted by the basic principles of its domestic legal system and subject to the conditions established by its domestic law, shall take, within its capabilities, such measures as may be necessary to allow for appropriate its use by the competent authorities of controlled deliveries and, where it deems it appropriate, the use of other special investigative techniques, such as electronic surveillance or other forms of surveillance, and undercover operations, on its territory, and in order to ensure that evidence gathered from using such methods were allowed in court.

2. For the purpose of investigating the offenses covered by this Convention, States Parties are encouraged to conclude, as appropriate, appropriate bilateral or multilateral agreements or arrangements for the use of such special investigative techniques in the context of cooperation on international level. Such agreements or arrangements are concluded and implemented with full respect for the principle of the sovereign equality of states and are implemented in strict accordance with the terms of these agreements or arrangements.

3. In the absence of an agreement or understanding referred to in paragraph 2 of this article, decisions to use such special investigative techniques at the international level shall be taken on a case-by-case basis and may, if necessary, take into account financial arrangements and understandings regarding the exercise of jurisdiction by the States Parties concerned.

4. Decisions to use controlled delivery at the international level may, with the consent of the States Parties concerned, include methods such as intercepting the goods or funds and leaving them intact or removing or replacing them, in whole or in part.

Chapter V Measures for the return of assets

Article 51
General position

The return of assets under this chapter is a fundamental principle of this Convention and the States Parties shall cooperate and assist each other in the widest possible manner in this regard.

Article 52
Prevention and detection of transfers of proceeds of crime

1. Without prejudice to article 14 of this Convention, each State Party shall take such measures as may be necessary, in accordance with its domestic law, to require financial institutions under its jurisdiction to verify the identity of customers, take reasonable steps to identify the beneficiary owners of funds deposited in high-volume accounts and exercise tighter controls on accounts attempted to open or maintained by persons in or have held significant public authority, their family members and associates closely associated with them, or on behalf of any of the above persons. Such enhanced controls are reasonably designed to detect suspicious transactions for the purpose of reporting them to the competent authorities and should not be construed as preventing or prohibiting financial institutions from doing business with any legitimate customer.

2. With a view to facilitating the implementation of the measures provided for in paragraph 1 of this article, each State Party, in accordance with its domestic law and guided by relevant initiatives of regional, interregional and multilateral organizations to combat money-laundering:

a) issues advisory guidance on those categories of individuals or entities that financial institutions under its jurisdiction would be expected to apply more stringent controls to, the types of accounts and transactions that should be given Special attention, and the appropriate account opening, maintenance, and account reporting arrangements to be made in respect of such accounts; and

b) notify, as appropriate, financial institutions under its jurisdiction, at the request of another State Party or on its own initiative, the identity of specific individuals or entities whose accounts such institutions would be expected to apply more stringent controls, in addition to those persons whose identity financial institutions may otherwise establish.

3. In the context of paragraph 2 a of this article, each State Party shall take measures to ensure that its financial institutions maintain, for an appropriate period of time, proper records of accounts and transactions involving persons referred to in paragraph 1 of this article, which shall include, as a minimum, information relating to the identity of the customer and, to the extent possible, the beneficial owner.

4. For the purpose of preventing and detecting transfers of the proceeds of crimes established in accordance with this Convention, each State Party shall take appropriate and effective measures to prevent, through its regulatory and supervisory authorities, the establishment of banks that do not have a physical presence and that not affiliated with any regulated financial group. In addition, Member States may consider requiring their financial institutions to refuse to enter into or continue correspondent banking relationships with such institutions, and to beware of establishing relationships with foreign financial institutions that permit the use of accounts with them by banks that do not have a physical presence or are not affiliated with any regulated financial group.

5. Each State Party shall consider establishing, in accordance with its domestic law, efficient systems that provide for the disclosure of financial information regarding relevant public officials, and establishes appropriate sanctions for non-compliance with these requirements. Each State Party shall also consider taking such measures as may be necessary to allow its competent authorities to exchange such information with the competent authorities in other States Parties, when necessary for the purpose of investigating, asserting rights and taking steps to recover proceeds from offenses established in accordance with this Convention.

6. Each State Party shall consider taking such measures as may be necessary, in accordance with its domestic law, in order to establish for relevant public officials having an interest in or authority to sign or otherwise authorize any financial account in any foreign country, the requirement to report it to the appropriate authorities and keep proper records regarding such accounts. Such measures also provide for appropriate sanctions for non-compliance with these requirements.

Article 53
Measures for immediate return of property

Each State Party, in accordance with its domestic law:

a) take such measures as may be necessary to permit another State Party to bring civil actions in its courts to establish title to or ownership of property acquired as a result of any of the offenses established in accordance with this Convention;

b) take such measures as may be necessary to enable its courts to order those persons who have committed offenses established in accordance with this Convention to pay compensation or damages to another State Party that has suffered damage as a result of the commission of such offences; and

with) take such measures as may be necessary to enable its courts or competent authorities, in making confiscation orders, to recognize the claims of another State Party as the lawful owner of property acquired as a result of any of the offenses established in accordance with this Convention .

Article 54
Mechanisms for the seizure of property through international cooperation in the matter of confiscation

1. Each State Party, for the purposes of providing mutual legal assistance pursuant to article 55 of this Convention, in respect of property acquired as a result of the commission of any of the offenses established in accordance with this Convention or used in the commission of such offenses, in accordance with its domestic law:

a) take such measures as may be necessary to enable its competent authorities to enforce confiscation orders issued by the courts of another State Party;

b) take such measures as may be necessary to enable its competent authorities, within their jurisdiction, to order the confiscation of such property of foreign origin in adjudication in connection with money-laundering offenses or such other offenses as may fall within its scope. jurisdiction, or when using other procedures permitted by its domestic law; and

with) considers taking such measures as may be necessary to allow for the confiscation of such property without sentencing in criminal proceedings in cases where the offender cannot be prosecuted by reason of death, hiding or absence, or in other appropriate cases.

2. Each State Party, for the purposes of providing mutual legal assistance upon a request made pursuant to article 55, paragraph 2, of this Convention, in accordance with its domestic law:

a) take such measures as may be necessary to enable its competent authorities to freeze or seize property pursuant to a freezing or seizure order issued by a court or competent authority of the requesting State Party that sets out reasonable grounds to allow the requested State Party to believe that there are sufficient motives for taking such action and that the property will eventually be subject to a confiscation order for the purposes of paragraph 1 a of this article;

b) take such measures as may be necessary to enable its competent authorities to freeze or seize property upon a request that sets out reasonable grounds for the requested State Party to property will eventually be forfeited for the purposes of paragraph 1 a of this article; and

with) is considering taking additional measures to allow its competent authorities to retain property for the purposes of confiscation, for example, on the basis of a foreign arrest warrant or criminal charge in connection with the acquisition of such property.

Article 55
International cooperation for the purposes of confiscation

1. A State Party that has received from another State Party having jurisdiction over any offense established in accordance with this Convention a request for the confiscation of the proceeds of crime, property, equipment or other means of committing crimes located in its territory, to the maximum extent possible within its domestic legal system:

a) forward the request to its competent authorities for the purpose of obtaining a confiscation order and, if such an order is issued, enforce it; or

b) send to its competent authorities an order for confiscation issued by a court in the territory of the requesting State Party in accordance with article 31, paragraph 1, and paragraph 1 a article 54 of this Convention, for the purpose of its execution to the extent specified in the request and to the extent that it relates to the proceeds of crime, property, equipment or other instrumentalities referred to in the requested State Party in the territory of the requested State Party. paragraph 1 of Article 31.

2. Upon receipt of a request made by another State Party having jurisdiction over any offense established in accordance with this Convention, the requested State Party shall take measures to trace, trace, freeze or seize the proceeds of crime, property, equipment or other means of committing the offenses referred to in article 31, paragraph 1, of this Convention, with a view to subsequent confiscation ordered either by the requesting State Party or, as requested under paragraph 1 of this article, by the requested State Party.

3. The provisions of article 46 of this Convention shall apply, mutatis mutandis, to this article. In addition to the information referred to in Article 46, paragraph 15, requests made under this Article shall contain:

a) a of this article, a description of the property subject to confiscation, including, to the extent possible, the location and, if appropriate, the estimated value of the property, and a statement of facts referred to by the requesting State Party that is sufficient to the requested State Party may have taken steps to issue an order in accordance with its domestic law;

b) in relation to the request provided for in paragraph 1 b of this article, a legally admissible copy of the confiscation order on which the request is based, a statement of facts and information as to the extent of the requested enforcement of the order, issued by the requesting State Party, a legally admissible copy, a statement stating the measures taken by the requesting State Party to give due notice bona fide third parties and ensure that due process is followed, and a statement that the confiscation order is final;

with) in the case of a request under paragraph 2 of this article, a statement of the facts invoked by the requesting State Party and a description of the measures requested, and, if available, a legally admissible copy of the ruling on which the request is based.

4. The decisions or measures provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with the provisions of its domestic law and its procedural rules or any bilateral or multilateral agreements or arrangements by which it may be bound in relations with the requesting State -participant, and subject to their observance.

5. Each State Party shall submit to the Secretary-General of the United Nations the texts of its laws and regulations giving effect to the provisions of this article, as well as the texts or descriptions of any subsequent amendments to such laws and regulations.

6. If a State Party wishes to make the adoption of the measures referred to in paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that State Party shall consider this Convention to be the necessary and sufficient treaty basis.

7. Cooperation under this article may also be refused or provisional measures withdrawn if the requested State Party does not receive sufficient evidence in a timely manner or if the property is of a minimal value.

8. Before lifting any interim measure taken pursuant to this article, the requested State Party shall, whenever possible, provide the requesting State Party with an opportunity to state its reasons for continuing to implement such measure.

9. The provisions of this article shall not be interpreted in such a way as to prejudice the rights of bona fide third parties.

Article 56
Special cooperation

Without prejudice to its domestic law, each State Party shall endeavor to take measures to enable it to transmit, without prejudice to its own investigation, prosecution or judicial proceedings, information on the proceeds of crimes established in accordance with this Convention to another State Party without prior request when it considers that disclosure of such information may assist the receiving State Party in initiating or conducting an investigation, prosecution or legal proceeding, or may result in that State Party making a request under this chapter of the Convention.

Article 57
Asset recovery and disposal

1. Property confiscated by a State Party pursuant to article 31 or article 55 of this Convention shall be administered, including the return of such property to its previous lawful owners in accordance with paragraph 3 of this article, by that State Party in accordance with the provisions of this Convention and its domestic law.

2. Each State Party shall take, in accordance with the fundamental principles of its domestic law, such legislative and other measures as may be necessary to enable its competent authorities to return confiscated property when acting on a request made by another State Party, in accordance with this Convention, subject to the rights of bona fide third parties.

3. In accordance with articles 46 and 55 of this Convention and paragraphs 1 and 2 of this article, the requested State Party:

a) in the case of embezzlement of public funds or laundering of stolen public funds, as referred to in Articles 17 and 23 of this Convention, if the confiscation has been effected in accordance with Article 55 and pursuant to a final judgment rendered in the requesting State Party, which requirement may be taken by the requested State Party, return the confiscated property to the requesting State Party;

b) in the case of the proceeds of any other offense covered by this Convention, if the confiscation was effected in accordance with article 55 of this Convention and pursuant to a final judgment rendered in the requesting State Party, which requirement may be waived by the requested State Party, return confiscated property to the requesting State Party, if the requesting State Party reasonably establishes to the requested State Party its pre-existing ownership of such confiscated property, or if the requested State Party accepts the damage caused to the requesting State Party as grounds for the return of the confiscated property;

with) in all other cases, give priority consideration to returning confiscated property to the requesting State Party, returning such property to its previous rightful owners, or compensating victims of a crime.

4. In appropriate cases, unless the States Parties decide otherwise, the requested State Party may deduct reasonable costs incurred in the course of the investigation, prosecution or legal proceedings resulting in the return or disposal of confiscated property under this article.

5. Where appropriate, States Parties may also give special consideration to concluding agreements or mutually acceptable arrangements on a case-by-case basis regarding the final disposal of confiscated property.

Article 58
Divisions for the collection of operational financial information

States Parties shall co-operate with each other to prevent and combat the transfer of proceeds of crimes established in such cases in accordance with this Convention, and to promote the use of ways and means of seizing such proceeds, and, to this end, shall consider establishing a unit for collection of operational financial information, which will be responsible for receiving, analyzing and forwarding reports of suspicious financial transactions to the competent authorities.

Article 59
Bilateral and multilateral agreements and arrangements

States Parties shall consider the possibility of concluding bilateral or multilateral agreements or arrangements to enhance the effectiveness of international cooperation carried out under this chapter of the Convention.

Chapter VI. Technical assistance and information exchange

Article 60
Training and technical assistance

1. Each State Party shall, to the extent necessary, develop, implement or improve specific training programs for its personnel responsible for preventing and combating corruption. Such training programs may cover, inter alia, the following areas:

a) effective measures to prevent, detect and investigate acts of corruption, as well as to punish and combat them, including the use of evidence collection and investigation methods;

b) building capacity in the development and planning of strategic anti-corruption policies;

with) training of competent authorities in drafting mutual legal assistance requests that meet the requirements of this Convention;

d) assessing and strengthening institutions, public service management and public finance management, including public procurement, and the private sector;

e) prevention of the transfer of proceeds of crimes established as such in accordance with this Convention, as well as the seizure of such proceeds;

f) detection and suspension of transactions for the transfer of proceeds of crimes established in accordance with this Convention;

g) tracing the movement of the proceeds of crimes established as such in accordance with this Convention and the methods used to transfer, conceal or disguise such proceeds;

h) appropriate and effective legal and administrative mechanisms and methods to facilitate the seizure of the proceeds of crimes established in accordance with this Convention;

i) methods used in the protection of victims and witnesses who cooperate with the judiciary; and

j) training of staff in matters relating to national and international regulations and language training.

2. The participating States shall, within their means, consider providing each other with the widest possible technical assistance, especially for the benefit of developing countries, in connection with their respective anti-corruption plans and programmes, including material support and training in the fields referred to in paragraph 1 of this article, as well as training and assistance and mutual exchange of relevant experience and special knowledge which will promote international cooperation among the participating States in matters of extradition and mutual legal assistance.

3. Participating States shall intensify, to the extent necessary, efforts aimed at maximizing the effectiveness of practical and training activities in international and regional organizations and under relevant bilateral and multilateral agreements or arrangements.

4. The participating States shall consider assisting each other, upon request, in carrying out assessments, research and development on the types, causes, consequences and costs of corruption in their respective countries, with a view to developing, with the participation of the competent authorities and society, strategies and anti-corruption action plans.

5. In order to facilitate the seizure of proceeds of crimes established in accordance with this Convention, States Parties may cooperate in providing each other with the names of experts who can assist in achieving this goal.

6. Participating States shall consider using subregional, regional and international conferences and seminars to promote cooperation and technical assistance and stimulate discussion of issues of mutual interest, including the special problems and needs of developing countries and countries with economies in transition.

7. States Parties shall consider establishing voluntary mechanisms to provide financial assistance to the efforts of developing countries and countries with economies in transition to apply this Convention through technical assistance programs and projects.

8. Each State Party shall consider making voluntary contributions to the United Nations Office on Drugs and Crime to assist, through the Office of Programs and Projects in Developing Countries, the implementation of this Convention.

Article 61
Collection and analysis of information on corruption and exchange of such information

1. Each State Party shall consider undertaking, in consultation with experts, an analysis of trends in corruption in its territory, as well as the conditions in which corruption offenses are committed.

2. The participating States, with a view to developing, to the extent possible, common definitions, standards and methodologies, shall consider expanding statistics, analytical knowledge on corruption and information, including on best practices in preventing and combating corruption, and exchange them among themselves and through international and regional organizations.

3. Each State Party shall consider monitoring its anti-corruption policies and practices and assessing their effectiveness and efficiency.

Article 62
Other measures: implementation of this Convention through economic development and technical assistance

1. States Parties shall take measures to promote the optimum implementation of this Convention, as far as possible, through international cooperation, taking into account negative consequences corruption for society as a whole, including for sustainable development.

2. Participating States, to the extent possible and in coordination with each other and with international and regional organizations, shall make specific efforts to:

a) to intensify its cooperation at various levels with developing countries in order to strengthen the capacity of those countries to prevent and combat corruption;

b) expansion of financial and financial assistance to support the efforts of developing countries to effectively prevent and combat corruption and assist them in the successful implementation of this Convention;

with) providing technical assistance to developing countries and countries with economies in transition to help meet their needs in connection with the implementation of this Convention. To this end, States Parties shall endeavor to make sufficient voluntary contributions on a regular basis to an account specifically designated for this purpose in a financial mechanism established by the United Nations. States Parties may also give special consideration, in accordance with their domestic law and the provisions of this Convention, to the possibility of transferring to the above account a certain proportion of the money or the corresponding value of the proceeds of crime or property confiscated in accordance with the provisions of this Convention;

d) encouraging and persuading other States and financial institutions, as appropriate, to join them in efforts under this article, including by providing developing countries with more training programs and modern equipment to help them achieve the purposes of this Convention.

3. To the extent possible, these measures are without prejudice to existing foreign aid commitments or other financial cooperation arrangements at the bilateral, regional or international level.

4. States Parties may conclude bilateral or multilateral agreements or arrangements for logistical assistance, taking into account the financial arrangements necessary to ensure the effectiveness of the international cooperation provided for in this Convention and to prevent, detect and combat corruption.

Chapter VII. Implementation mechanisms

Article 63
Conference of the States Parties to the Convention

1. A Conference of the States Parties to the Convention is hereby established for the purpose of empowering and cooperating among the States Parties to achieve the objectives set forth in this Convention and to promote and review the implementation of this Convention.

2. The Secretary-General of the United Nations shall convene the Conference of the States Parties no later than one year after the entry into force of this Convention. Subsequently, in accordance with the rules of procedure adopted by the Conference of the States Parties, ordinary meetings of the Conference shall be held.

3. The Conference of the States Parties shall adopt rules of procedure and rules governing the conduct of the activities referred to in this article, including rules relating to the admission and participation of observers and the payment of expenses incurred in carrying out those activities.

4. The Conference of the States Parties shall agree on the activities, procedures and working methods to achieve the objectives set out in paragraph 1 of this article, including:

a) promoting the activities of States Parties under articles 60 and 62 and chapters II to V of this Convention, including by encouraging the mobilization of voluntary contributions;

b) facilitating the exchange of information among participating States on patterns of corruption and trends in this area, as well as on successful methods preventing, combating corruption and recovering the proceeds of crime through, inter alia, publishing the relevant information referred to in this article;

with) cooperation with relevant international and regional organizations and mechanisms, as well as non-governmental organizations;

d) proper use of relevant information produced by other international and regional mechanisms for the prevention and fight against corruption, in order to avoid unnecessary duplication of work;

e) periodic review of the implementation of this Convention by its States Parties;

g) taking into account the needs of States Parties for technical assistance in connection with the implementation of this Convention and making recommendations for any action it may deem necessary in this regard.

5. For the purpose of paragraph 4 of this article, the Conference of the States Parties shall obtain the necessary information on the measures taken by the States Parties in the implementation of this Convention and the difficulties they have encountered in doing so, on the basis of the information they provide and through such additional mechanisms for conducting review as may be established by the Conference of the States Parties.

6. Each State Party shall submit to the Conference of the States Parties information on its programmes, plans and practices, and on legislative and administrative measures to give effect to this Convention, as required by the Conference of the States Parties. The Conference of the States Parties shall consider the most effective means of obtaining such information and making appropriate decisions based on it, including, inter alia, information received from States Parties and from competent international organizations. Consideration may also be given to submissions from relevant non-governmental organizations duly accredited in accordance with procedures to be determined by the Conference of the States Parties.

7. Subject to paragraphs 4 to 6 of this article, the Conference of the States Parties, if it deems it necessary, shall establish any appropriate mechanism or body to promote the effective implementation of the Convention.

Article 64
Secretariat

1. The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the States Parties to the Convention.

2. Secretariat:

a) assist the Conference of the States Parties in carrying out the activities referred to in article 63 of this Convention, and organize the sessions of the Conference of the States Parties and provide them with the necessary services;

b) upon request, assist the States Parties in providing information to the Conference of the States Parties, as provided for in Article 63, paragraphs 5 and 6, of this Convention; and

with) ensures the necessary coordination with the secretariats of other relevant international and regional organizations.

Chapter VIII. Final provisions

Article 65
Implementation of the Convention

1. Each State Party shall take, in accordance with the fundamental principles of its domestic law, the necessary measures, including legislative and administrative measures, to ensure the implementation of its obligations under this Convention.

2. Each State Party may adopt measures more stringent or severe than those provided for in this Convention to prevent and combat corruption.

Article 66
Dispute Resolution

1. States Parties shall endeavor to settle disputes concerning the interpretation or application of this Convention through negotiations.

2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled by negotiation within a reasonable period of time shall, at the request of one of those States Parties, be submitted to arbitration. If, within six months from the date of the request for arbitration, these States Parties fail to agree on its organization, any of these States Parties may refer the dispute to the International Court of Justice by filing an application in accordance with the Statute of the Court.

3. Each State Party may, at the time of signature, ratification, acceptance or approval of this Convention or accession thereto, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by the provisions of paragraph 2 of this article with respect to any State Party which has made such a reservation.

4. A State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by means of a notification addressed to the Secretary-General of the United Nations.

Article 67
Signature, ratification, acceptance, approval and accession

1. This Convention is open for signature by all States from 9 to 11 December 2003 at Mérida, Mexico and thereafter at United Nations Headquarters in New York until 9 December 2005.

2. This Convention shall also be open for signature by regional economic integration organizations provided that at least one of the member States of such organization has signed this Convention in accordance with paragraph 1 of this article.

3. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done so. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Convention. Such organization shall also notify the depositary of any relevant change in the scope of its competence.

4. This Convention shall be open for accession by any State or any regional economic integration organization at least one of whose member States is a Party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. Upon accession, a regional economic integration organization shall declare the scope of its competence with respect to matters governed by this Convention. Such organization shall also notify the depositary of any relevant change in the scope of its competence.

Article 68
Entry into force

1. This Convention shall enter into force on the ninetieth day following the date of the deposit of the thirtieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any such instrument or instrument deposited by a regional economic integration organization shall not be deemed to be additional to instruments or instruments deposited by member States of such organization.

2. For each State or regional economic integration organization which ratifies, accepts or approves this Convention or accedes to it after the deposit of the thirtieth instrument of ratification or instrument of such action, this Convention shall enter into force on the thirtieth day following the date of such deposit. by the State or organization of the relevant instrument or instrument, or on the date on which this Convention enters into force in accordance with paragraph 1 of this article, whichever is later.

Article 69
Amendments

1. Five years after the entry into force of this Convention, a State Party may propose an amendment and communicate it to the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and the Conference of the States Parties to the Convention for the purpose of considering the proposal and deciding on him. The Conference of the States Parties shall make every effort to reach consensus on each amendment. If all efforts to reach consensus have been exhausted and no agreement has been reached, then, as a last resort, adoption of the amendment shall require a two-thirds majority of the States Parties present and voting at the meeting of the Conference of the States Parties.

2. In matters within their competence, regional economic integration organizations shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Convention. Such organizations shall not exercise their right to vote if their member states exercise their right to vote, and vice versa.

3. An amendment adopted in accordance with paragraph 1 of this article shall be subject to ratification, acceptance or approval by the States Parties.

4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of its deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.

5. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. The other States Parties shall continue to be bound by the provisions of this Convention and any amendments previously ratified, accepted or approved by them.

Article 70
Denunciation

1. A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Such denunciation shall take effect one year after the date of receipt of the notification by the Secretary General.

2. A regional economic integration organization shall cease to be a Party to this Convention when all of its member States have denounced this Convention.

Article 71
Depositary and languages

1. The Secretary-General of the United Nations is designated as the depositary of this Convention.

2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed this Convention.

The Convention on the Rights of the Child, in short, contains everything about the rights of the child. The main document of international law concerning the rights of children is the UN Convention on the Rights of the Child. All countries that have acceded to the Convention refer to it if there are contentious issues when protecting the interests of children, or the legislation of the country does not provide for a specific case. The word "convention" means "international treaty". This treaty covers all the possible rights that countries should provide to children growing up in them.

The treaty was adopted in 1989 by the UN General Assembly. Work on it has been carried out since 1979, when professor of international relations from Poland A. Lopatka proposed a draft Convention. Before that, there was the Declaration of the Rights of the Child, which was adopted by the UN in 1959. It emphasized 10 provisions, which said that those responsible for raising children are obliged to give the best to children and act for their good.

By September 2, 1990, the treaty was signed by twenty countries, and from that day it entered into force. As of November 2014, when it was introduced last amendment on the Protection of Children from Pornography, 169 countries participated in the Convention. Today it is the most comprehensive international document that stipulates the rights of the child and their protection.

Convention on the Rights of the Child, articles

The Convention on the Rights of the Child includes 54 articles.

In the first article, any citizen of the state under the age of 18 is recognized as a child, if he was not recognized as having reached the age of majority earlier according to the laws of his country. The articles list the rights of the child to:

Convention on the Protection of the Rights of the Child

Protection of the rights of the child should be carried out by the state, parents, other people who have received the authority to be their defenders.

Every child in a country party to the Convention has the right to protection:

• from all types of violence;
• from the exploitation of the labor of children if it interferes with their development and education;
• from the use or distribution of drugs;
• from kidnapping, as well as from child trafficking;
• from cruel punishments;
• for protection in the commission of crimes. In accordance with the treaty, children cannot be condemned to death, as well as to imprisonment for life;
• for protection during the war. Participation in the war is possible only after 18 years;
• information harmful to the development of the child.

The Convention points to the need to combat child mortality, disease, to provide assistance to mothers during pregnancy and after the birth of children, and to work on teaching family planning.

To comply with the articles of the Convention, the UN Committee for the Protection of the Rights of the Child is elected every four years, which receives reports of violations of the treaty. The Committee consists of 10 people from among the countries participating in the Convention.

Reports of violations of children's rights should not be anonymous. When the committee receives such news, it invites the state to take remedial action and submit a report.

If children are trafficked or involved in war, the Committee should investigate. The country in which the violation occurred is asked for permission for members of the committee to be present and investigate. After the end of the investigation, the authorized member of the committee makes recommendations on the liquidation of the violation and monitors its implementation.

Since 2014, the Committee has also received reports of violations of the rights specified by the Convention directly from children.

Any country participating in the Convention may declare withdrawal at any time, but will cease to be a party to the treaty only after a year.

The Convention on the Rights of the Child briefly formulates all the possible rights of children and the protection of children's interests in articles 1-42, the remaining articles are devoted to the rules for signing and ratifying this treaty.

All states that have become parties to the treaty are required to widely publicize the Convention among the people.

United Nations Convention against Corruption(UNCAC) is an international legal document against corruption, adopted at the plenary session of the 58th session of the UN General Assembly on October 31, 2003 and entered into force on December 14, 2005. The convention consists of 8 chapters, uniting 71 articles.

Description

On December 9, 2003, at the High-Level Political Conference in Merida (Mexico), the UN Convention against Corruption was opened for signature. The opening day of the conference was declared International Anti-Corruption Day.

Currently, 172 states have joined the convention. The participating States have committed themselves to the implementation of anti-corruption measures in the field of legislation, state institutions and law enforcement. Each of the states parties to the Convention is called upon, in accordance with the principles of honesty, responsibility and transparency, to develop and implement a policy to combat and prevent corruption, improve the efficiency of existing institutions, anti-corruption measures, and develop cooperation in combating corruption at the international and regional levels.

Conference of the States Parties to the Convention

In order to increase the effectiveness of combating corruption and deepen cooperation between the States Parties to the Convention, a special permanent Conference has been established, the secretarial services of which are provided by the Secretary-General through the UN Office on Drugs and Crime. The Secretary General provides the necessary information to the participating States, as well as ensures coordination at the regional and international level. The conference takes place every two years. On November 25-29, 2013, the fifth session of the Conference of the States Parties to the UN Convention against Corruption took place. The delegates from Russia included representatives of the Ministry of Foreign Affairs, the Ministry of Economic Development, the Prosecutor General's Office, the Investigative Committee, the Accounts Chamber, the Department of Economic Security and Anti-Corruption of the Ministry of Internal Affairs and the Ministry of Labor. The conference discussed issues of international cooperation and asset recovery, deepening information exchange between the participating States, promoting the mechanisms of the Convention in the private sector, etc.

In the process of adoption preliminary program At the next session of the Conference, there were disagreements among the States Parties regarding the initiative of the Swiss delegation aimed at increasing the participation of civil society in the implementation of the Convention. China, Pakistan, Iran, Venezuela, Uruguay, Paraguay, Ghana, Morocco and Russia voted against its adoption. The sixth session of the Conference will be held in 2015 at Russian Federation.

The sixth session of the Conference of the States Parties to the UN Convention against Corruption was held from 2 to 6 November 2015 in St. Petersburg.

Ratification of the Convention by the Russian Federation

The Russian Federation signed the UN Convention against Corruption on December 9, 2003, and ratified it on March 8, 2006 (N 40-FZ). The federal law on ratification contains declarations on individual articles and clauses on which Russia has jurisdiction and is bound to comply. This list did not include, for example: Art. 20 "Illegal enrichment", Art. 26 "Responsibility of legal entities", art. 54 “Mechanisms for the seizure of property through international cooperation in the matter of confiscation”, art. 57 "Return of assets and disposal of them". According to experts, one of the requirements that Russia undertook to fulfill - the efficiency and transparency of the work of civil servants (Article 7 of the Convention) is not being met.

Article 20 "Illegal enrichment"

January 18, 2013 on the site opentown.org began a campaign to collect signatures in support of the bill of the Communist Party of the Russian Federation on the ratification of Article 20 of the UN Convention against Corruption. The people are against the illegal enrichment of officials! [ the significance of the fact? ] [ ] In addition to the above, extensive discussions are being held around the topic of seizure of illegally acquired property. There are gaps in Russian legislation that do not allow officials to take away property acquired with illegally obtained funds. In the Federal Law of December 3, 2012 (No. 230-FZ) “On control over the compliance of expenses of persons holding public office and other persons with their income”, art. 17 reads: “The Prosecutor General of the Russian Federation or prosecutors subordinate to him, upon receipt of the materials provided for by Part 3 of Article 16 of this Federal Law, in the manner established by the legislation on civil proceedings, apply to the court with an application for the conversion of land plots, other real estate objects into the income of the Russian Federation, Vehicle, securities, shares (stakes, stakes in the authorized (share) capital of organizations), in respect of which the person replacing (occupying) one of the positions specified in Clause 1 of Part 1 of Article 2 of this Federal Law has not provided information confirming them purchase with legitimate income. However, the Law "On the Prosecutor's Office of the Russian Federation" and the Civil Procedure Code of the Russian Federation do not provide for these powers to seize illegally acquired property. Penal sanctions and dismissal are prescribed in Russian criminal law. In order to make the fight against corruption more effective, and the rule allowing the Prosecutor General or prosecutors subordinate to him to judicial order seize illegally acquired property in favor of the state, earned, on September 24, 2013, a draft law “On Amendments to Article 22 of the Federal Law“ On the Prosecutor’s Office of the Russian Federation “and Article 45 of the Civil Procedure Code of the Russian Federation” was submitted to the State Duma. Bill No. 486691-6 "On Amendments to Articles 14 and 140 of the Code of Criminal Procedure of the Russian Federation and other articles of this law (on the implementation of Article 20 of the UN Convention against Corruption)" authored by Duma deputies G.A. Zyuganov, I. I. Melnikov, V.F. Rashkin and others as of November 2018 is under consideration by the Duma. Project "20" On September 25, 2014, Russian politician Alexei Navalny, known for his opposition activities, announced the start of a public campaign for the adoption of Article 20 of the UN Convention. He urged everyone to vote for the Anti-Corruption Fund bill. In this draft, in accordance with Article 20 of the UN Convention, it is proposed to introduce criminal penalties for " a significant excess of the value of the assets of an official over the amount of the legal income of such a person". At the same time, legitimate income is understood to be the income indicated in the declaration of this civil servant. Navalny argues that the ratification of Article 20 will significantly facilitate the prosecution of high-ranking corrupt officials: Our entire experience in the fight against corruption suggests that, unfortunately, we will not be able to prove now that a particular official Ivanov-Petrov […] took bribes. ... But we can prove that an official, receiving a certain amount of money, lived richer than he actually received. And this will be the basis for criminal prosecution. According to Navalny, the ratification of Article 20 is hindered by the Russian authorities: We are aware that, naturally, the authorities are categorically against it. They cannot legislate against themselves. Under this law, they will have to imprison half of the government. civilian control Art. 13 of the UN Convention against Corruption provides for the implementation of measures to combat corruption not only by the state authorities, but also by society: “Each State Party shall take appropriate measures, within its capabilities and in accordance with the fundamental principles of its domestic law, to promote the active participation of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations , in preventing and combating corruption and to increase public understanding of the existence, causes and dangerous nature of corruption, as well as the threats it poses…”. Thus, civil control over the implementation of the Convention plays an essential role in the fight against corruption. The exercise of control by civil society is possible if there are principles of transparency, access to information, intolerance towards corruption and increasing public knowledge about and fight against corruption. For example, the Federal Law of February 9, 2009 (N 8-FZ) "On ensuring access to information on the activities of state bodies and local governments", the Federal Law of December 3, 2012 (N 230-FZ) "On control over compliance of expenses of persons holding public positions and other persons with their income”, Federal Law of April 5, 2013 (N 44-FZ) “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” are designed to raise awareness citizens on the activities of government bodies, on the income and expenses of civil servants, as well as transparency and accountability to society of all public procurement and orders. De jure, the measures taken by the state should have increased the involvement of society in the fight against corruption, as well as the involvement of every citizen in the process of public control. However, inefficient law enforcement, and sometimes even its absence, prevent civil society from increasing pressure on the corruption system. Russia's participation in other anti-corruption programs In addition to the UN Convention against Corruption, the Russian Federation participates in various international and regional organizations, groups and programs aimed at combating and implementing anti-corruption mechanisms. Among them: Council of Europe Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime , Council of Europe Criminal Law Convention on Corruption , Council of Europe Group of States against Corruption (GRECO) , OECD Convention against Bribery of Foreign Public Officials in International Commercial Transactions, Financial Action Task Force on Money Laundering (FATF) edition) dated November 25, 2008, "On counteracting the legalization ("laundering") of illegally obtained income" dated April 3, 2008, the G8 Declaration of July 16, 2006 "Combating corruption at a high level" . see also Notes United Nations Convention against Corruption - Conventions and agreements - Declarations, conventions, agreements and other legal materials Ministry of Foreign Affairs of Russia | 03/12/2013 | About the fifth session of the Conference of the States Parties to the United Nations Convention against Corruption UN Conference Against Corruption: Is Russia Afraid of Civil Control? (indefinite) (unavailable link). Retrieved February 6, 2014. Archived from the original February 21, 2014. Conference of the Parties to the United Nations Convention against Corruption (indefinite) . Federal Law of the Russian Federation of March 8, 2006 N 40-FZ On Ratification of the UN Convention against Corruption Zakharchenko A. Officials - "golden parachutes", the people - pasta. By signing the UN Convention against Corruption, Russia deliberately violates it for decades // Svobodnaya pressa. 11/27/2018 Draft Law No. 474238-5 On Amendments and Additions to the Federal Law "On the Ratification of the United Nations Convention against Corruption" (on the ratification of Article 20 of the Convention) (indefinite) . State Duma of the Federal Assembly of the Russian Federation (December 17, 2010). The bill of the Communist Party of the Russian Federation on combating corruption (indefinite) . Communist Party.

CONVENTION
United Nations on Treaties
international sale of goods
(Vienna, 1980)

The States Parties to this Convention,

Bearing in mind the general objectives of the resolutions adopted by the sixth special session of the General Assembly of the United Nations on the establishment of a new international economic order,

considering that the development of international trade on the basis of equality and mutual benefit is an important element in promoting the development of friendly relations between states,

believing that the adoption of uniform rules governing contracts for the international sale of goods and taking into account different social, economic and legal systems, will contribute to the elimination of legal barriers in international trade and promote the development of international trade,

agreed on the following:

Part I. Scope and general provisions.

Scope and general provisions

Chapter I. Scope of application

Article 1

(1) This Convention applies to contracts for the sale of goods between parties whose places of business are in different States:

a) when those States are Contracting States; or

b) when, according to the rules of private international law, the law of the Contracting State applies.

2) The fact that the places of business of the parties are located in different countries is not taken into account, if this does not follow either from the contract or from the business relations that took place before or at the time of its conclusion or the exchange of information between the parties.

3) Neither the nationality of the parties, nor their civil or commercial status, nor the civil or commercial nature of the contract shall be taken into account in determining the applicability of this Convention.

Article 2

This Convention does not apply to the sale of:

a) goods that are purchased for personal, family or household use, unless the seller at any time before or at the time of the conclusion of the contract did not know and should not have known that the goods were purchased for such use;

b) from an auction;

c) by way of enforcement proceedings or otherwise by virtue of law;

d) securities, shares, security papers, negotiable instruments and money;

f) ships of water and air transport, as well as hovercraft;

f) electricity.

Article 3

1) Contracts for the supply of goods to be manufactured or produced are considered contracts of sale unless the party ordering the goods undertakes to supply a substantial part of the materials required for the manufacture or production of such goods.

(2) This Convention does not apply to contracts in which the obligations of the party supplying the goods consist primarily in the performance of work or in the provision of other services.

Article 4

This Convention governs only the conclusion of a contract of sale and those rights and obligations of the seller and the buyer arising from such a contract. In particular, unless expressly provided otherwise in the Convention, it does not apply to:

a) the validity of the contract itself or any of its provisions or any custom;

b) the consequences that the contract may have in relation to the ownership of the goods sold.

Article 5

This Convention does not apply to the seller's liability for personal injury or death caused by the goods.

Article 6

The Parties may exclude the application of this Convention or, subject to Article 12, derogate from or modify any of its provisions.

Chapter II. General provisions

Article 7

(1) In interpreting this Convention, regard shall be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

2) Questions related to the subject matter of this Convention, which are not expressly resolved in it, shall be resolved in accordance with the general principles on which it is based, and in the absence of such principles, in accordance with the law applicable by virtue of the rules of private international law.

Article 8

(1) For the purposes of this Convention, statements and other conduct by a party shall be construed according to its intention if the other party knew or could not have known what that intention was.

2) If the preceding paragraph does not apply, then the statements and other conduct of a party shall be construed in accordance with the understanding that a reasonable person acting in the same capacity as the other party would have in similar circumstances.

3) In determining the intention of a party or the understanding that a reasonable person would have, consideration must be given to all relevant circumstances, including negotiations, any practice that the parties have established in their mutual relationship, usages and any subsequent conduct of the parties.

Article 9

1) The parties are bound by any usage which they have agreed upon and by any practice which they have established in their mutual relations.

(2) Unless otherwise agreed, the parties shall be deemed to have intended to apply to their contract or to its conclusion a custom of which they knew or ought to have known and which in international trade is widely known and constantly observed by the parties in contracts of this kind in the relevant area of ​​trade.

Article 10

For the purposes of this Convention:

a) if a party has more than one place of business, its place of business is that which, subject to circumstances known to or contemplated by the parties at any time before or at the time of the conclusion of the contract, has the closest connection with the contract and its performance;

b) if the party has no place of business, its domicile shall be taken into account.

Article 11

The contract of sale is not required to be concluded or evidenced in writing or subject to any other form requirement. It can be proven by any means, including witness testimony.

Article 12

Any provision of Article 11, Article 29 or Part II of this Convention which permits a contract of sale, its modification or termination by agreement of the parties, or an offer, acceptance or any other expression of intent, to be made in any form other than in writing, shall not apply if at least one of the parties has its place of business in the Contracting State which has made the declaration under Article 96 of this Convention. The parties may not derogate from this article or change its effect.

Article 13

For the purposes of this Convention, "writing" includes communications by telegraph and teletype.

Part II. Conclusion of an agreement

Article 14

1) An offer to conclude a contract addressed to one or more specific persons is an offer if it is sufficiently specific and expresses the intention of the offeror to be bound in case of acceptance. An offer is sufficiently definite if the goods are indicated in it and the quantity and price are directly or indirectly established, or the procedure for their determination is provided.

2) An offer addressed to an indefinite circle of persons is considered only as an invitation to make offers, unless otherwise expressly indicated by the person who made such an offer.

Article 15

1) The offer comes into force when it is received by the addressee of the offer.

2) An offer, even when it is irrevocable, may be canceled by the offeror if the notice of cancellation is received by the addressee of the offer before or simultaneously with the offer itself.

Article 16

1) While the contract is not concluded, the offer may be withdrawn by the offeror if the notice of withdrawal is received by the addressee of the offer before sending them the acceptance.

2) However, the offer cannot be withdrawn:

a) if the offer specifies by establishing certain period for acceptance or otherwise, that it is irrevocable; or

b) if it was reasonable for the offeree to treat the offer as irrevocable and the offeree acted accordingly.

Article 17

An offer, even if it is irrevocable, shall cease to be valid upon receipt by the offeror of a notice of the rejection of the offer.

Article 18

1) A statement or other behavior of the offeree, expressing agreement with the offer, is an acceptance. Silence or inaction is not in itself an acceptance.

2) The acceptance of an offer shall enter into force at the moment when the said consent is received by the offeror. The acceptance shall not be effective if the offeror does not receive the said consent within the time limit fixed by him, and if the time limit is not fixed, then within a reasonable time, taking into account the circumstances of the transaction, including the speed of the means of communication used by the offeror. An oral offer must be accepted immediately, unless the circumstances indicate otherwise.

3) However, if, by virtue of the offer, or as a result of the practice which the parties have established in their mutual relationship, or custom, the offeree may, without notice to the offeror, express consent by performing any act, in particular an act relating to the dispatch of goods or payment price, the acceptance shall take effect at the time such action is taken, provided that it is done within the period specified in the preceding paragraph.

Article 19

1) A response to an offer that purports to serve as an acceptance, but contains additions, restrictions or other changes, is a rejection of the offer and constitutes a counter offer.

(2) However, a response to an offer that purports to serve as an acceptance does not contain additional or different terms not materially changing the terms of the offer constitutes an acceptance unless the offeror, without undue delay, objects orally to the discrepancy or gives notice to the effect. If he does not do this, then the terms of the contract will be the terms of the offer with the changes contained in the acceptance.

3) Additional or different conditions regarding, among other things, price, payment, quality and quantity of goods, place and time of delivery, the extent of liability of one of the parties to the other or the resolution of disputes are considered to significantly change the terms of the offer.

Article 20

1) The period for acceptance fixed by the offeror in a telegram or letter starts from the moment the telegram is handed over for dispatch or from the date indicated in the letter, or, if no such date is indicated, from the date indicated on the envelope. The period for acceptance, set by the offeror by telephone, teletype or other means of instant communication, begins from the moment the offer is received by the addressee.

2) Public holidays or non-working days occurring during the period for acceptance shall not be excluded from the calculation of this period. However, if the notice of acceptance cannot be delivered to the address of the offeror on the last day of the specified period because that day falls on a public holiday or non-working day at the place of business of the offeror, the period shall be extended to the first following business day.

Article 21

(1) A belated acceptance shall, however, retain the force of acceptance if the offeror notifies the offeree orally of this without delay or sends him a notice to that effect.

(2) When it appears from a letter or other written communication containing a belated acceptance that it was sent under such circumstances that, had it been normally transmitted, it would have been received in good time, the belated acceptance shall remain in force as an acceptance unless the offeror promptly does not notify the offeree orally that he considers his offer to be invalid, or does not send him a notification about this.

Article 22

An acceptance may be withdrawn if the notice of withdrawal is received by the offeror before or at the same time as the acceptance should have taken effect.

Article 23

The contract is considered concluded at the moment when the acceptance of the offer comes into force in accordance with the provisions of this Convention.

Article 24

For the purposes of Part II of this Convention, an offer, statement of acceptance or any other expression of intent shall be deemed "received" by the addressee when it is orally communicated to him or delivered by any means to him in person, to his place of business or postal address or, if he has no commercial enterprise or postal address - according to his permanent residence.

Part III. Purchase and sale of goods. Chapter I. General Provisions

PURCHASE AND SALE OF GOODS

Chapter I

Article 25

A breach of contract committed by one of the parties is fundamental if it entails such harm to the other party that the latter is substantially deprived of what it was entitled to rely on under the contract, unless the breaching party did not foresee such result and a reasonable person acting in the same capacity under similar circumstances would not have foreseen it.

Article 26

A declaration of termination of the contract is only valid if it is made to the other party by means of a notice.

Article 27

Except as otherwise expressly provided in Part III of this Convention, if a notice, request or other communication is given or made by a party in accordance with Part III and by the means appropriate in the circumstances, delay or error in the transmission of the communication or failure to deliver it to its destination shall not deprive that party of the right to refer to their message.

Article 28

If, under the provisions of this Convention, one of the parties is entitled to require the performance of any obligation by the other party, the court shall not be bound to decide performance in kind unless it would do so under its own law in relation to similar contracts of purchase. -sales not governed by this Convention.

Article 29

1) The contract may be modified or terminated by a simple agreement of the parties.

(2) A written contract that contains a provision requiring that any modification or termination of the contract by agreement of the parties be in writing cannot be otherwise modified or terminated by agreement of the parties. However, a party's conduct may preclude its ability to invoke the said provision to the extent that the other party has relied on such conduct.

Part III. Chapter II. Seller Obligations

Seller Obligations

Article 30

The seller must deliver the goods, hand over the documents relating to them and transfer ownership of the goods in accordance with the requirements of the contract and this Convention.

Section I. Delivery of goods and transfer of documents

Article 31

If the seller is not bound to deliver the goods at any other specified place, his obligation to deliver is:

a) if the contract of sale provides for the carriage of goods - in the delivery of goods to the first carrier for transfer to the buyer;

b) if, in cases not covered by the preceding subparagraph, the contract relates to an individualized product or a non-individualized product that must be taken from certain stocks or manufactured or produced, and the parties knew at the time of the conclusion of the contract that the product was or must be manufactured or produced in a certain place, - in making the goods available to the buyer in that place;

(c) in other cases, by placing the goods at the disposal of the buyer at the place where the seller had his place of business at the time the contract was concluded.

Article 32

(1) If the seller, in accordance with the contract or this Convention, delivers the goods to the carrier and if the goods are not clearly identified for the purposes of the contract by markings, shipping papers or otherwise, the seller must give the buyer notice of dispatch indicating the goods.

(2) If the seller is under an obligation to arrange for the carriage of the goods, he must conclude such contracts as are necessary for the carriage of the goods to the place of destination by means of transport appropriate under the circumstances and under the conditions customary for such transport.

3) If the seller is not obliged to insure the goods during their carriage, he must, at the request of the buyer, provide him with all available information necessary for the implementation of such insurance by the buyer.

Article 33

The seller must deliver the goods:

(a) if the contract fixes or makes it possible to determine the date of delivery, on that date;

(b) if the contract fixes or makes it possible to determine a period of time for delivery, at any time within that period, unless it follows from the circumstances that the delivery date is fixed by the buyer; or

c) in any other case, within a reasonable time after the conclusion of the contract.

Article 34

If the seller is obliged to hand over the documents relating to the goods, he must do so at the time, place and in the form required by the contract. If the seller has handed over the documents before the specified time limit, he may, before the expiration of this time limit, remedy any inconsistency in the documents, provided that the exercise of this right does not cause unreasonable inconvenience or unreasonable costs to the buyer. The buyer, however, reserves the right to claim damages in accordance with this Convention.

Section II. Product Conformity and Third Party Rights

Article 35

1) The seller must deliver goods which, in quantity, quality and description, comply with the requirements of the contract and which are packaged or packaged as required by the contract.

2) Except as otherwise agreed between the parties, the goods do not conform to the contract if they:

(a) is not fit for the purposes for which goods of the same description are normally used;

b) unfit for any particular purpose of which the seller was directly or indirectly made aware at the time of the conclusion of the contract, unless it appears from the circumstances that the buyer did not rely or that it was unreasonable for him to rely on the skill and judgment of the seller ;

c) does not have the qualities of the goods presented by the seller to the buyer as a sample or model;

d) is not boxed or packaged in the usual way for such goods, and in the absence of such, in a way that is appropriate for the preservation and protection of this product;

e) the seller is not liable under subparagraphs "a" to "d" of the previous paragraph for any non-conformity of the goods, if at the time of conclusion of the contract the buyer knew or could not have been unaware of such a non-conformity.

Article 36

(1) The seller is liable under the contract and under this Convention for any lack of conformity in the goods which exists at the time the risk passes to the buyer, even if that lack of conformity becomes apparent only at a later date.

2) The Seller shall also be liable for any non-conformity of the goods which arises after the moment specified in the preceding paragraph and which results from the breach by him of any of his obligations, including the breach of any warranty that, for any period of time, the goods will remain fit for normal purposes. or any particular purpose, or will retain the conditioned qualities or properties.

Article 37

In the event of early delivery, the seller reserves the right to deliver the missing part or quantity of the goods, or new goods to replace the delivered goods which do not conform to the contract, or to remedy any discrepancy in the delivered goods before the due date for delivery, provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expenses. The buyer, however, reserves the right to claim damages in accordance with this Convention.

Article 38

1) The buyer must inspect the goods or have them inspected in such short term which is practically possible under the circumstances.

2) If the contract provides for the carriage of the goods, inspection may be delayed until the goods arrive at their destination.

3) If the place of destination of the goods is changed while it is in transit or the goods are re-shipped by the buyer and the buyer did not have a reasonable opportunity to inspect it, and the seller knew or should have known at the time of the conclusion of the contract of the possibility of such a change or such re-dispatch, inspection of the goods may be delayed until it arrives at its new destination.

Article 39

1) The buyer loses the right to rely on the non-conformity of the goods if he does not give the seller a notice containing data on the nature of the non-conformity within a reasonable time after it was or should have been discovered by the buyer.

2) In any case, the buyer loses the right to rely on the non-conformity of the goods if he does not give the seller notice of it no later than within a period of two years, counting from the date of the actual transfer of the goods to the buyer, insofar as this period does not contradict the contractual warranty period.

Article 40

The seller is not entitled to invoke the provisions of Articles 38 and 39 if the non-conformity of the goods is related to facts about which he knew or could not have been unaware and which he did not disclose to the buyer.

Article 41

The seller is obliged to deliver the goods free from any rights or claims of third parties, unless the buyer has agreed to accept the goods encumbered with such a right or claim. However, if such rights or claims are based on industrial property or other intellectual property, the seller's obligation is governed by article 42.

Article 42

1) The seller is obliged to deliver the goods free from any rights or claims of third parties that are based on industrial property or other intellectual property, of which the seller knew or could not have been unaware at the time of the conclusion of the contract, provided that such rights or claims are based on industrial property or other intellectual property:

a) under the law of the state where the goods will be resold or otherwise used, if at the time of the conclusion of the contract the parties assumed that the goods would be resold or otherwise used in that state; or

b) in any other case, under the law of the State in which the buyer has its place of business.

2) The seller's obligation under the preceding paragraph does not apply where:

(a) at the time of conclusion of the contract, the buyer knew or could not have been unaware of such rights or claims; or

b) such rights or claims result from the seller's compliance with the technical drawings, designs, formulas or other input provided by the buyer.

Article 43

(1) The buyer loses the right to rely on the provisions of article 41 or article 42 if he does not give the seller a notice specifying the nature of the right or claim of the third party within a reasonable time after he became aware or should have become aware of such right or claim.

2) The seller is not entitled to rely on the provisions of the previous paragraph if he knew about the right or claim of a third party and the nature of such a right or claim.

Article 44

Notwithstanding the provisions of article 39, paragraph 1, and article 43, paragraph 1, the buyer may reduce the price in accordance with article 50 or claim damages, except for lost profits, if he has a reasonable excuse for not giving the required notice.

Section III. Remedies in case of breach of contract by the seller

Article 45

(1) If the seller fails to perform any of his obligations under the contract or this Convention, the buyer may:

a) to exercise the rights provided for in Articles 46-52;

2) The buyer's exercise of his right to other remedies does not deprive him of his right to claim damages.

3) No delay can be granted to the seller by a court or arbitration if the buyer has recourse to any remedy for breach of contract.

Article 46

(1) The buyer may demand performance by the seller of his obligations, unless the buyer has recourse to a remedy inconsistent with such a demand.

(2) If the goods do not conform to the contract, the buyer may demand replacement of the goods only if this non-conformity constitutes a fundamental breach of the contract and the demand for replacement of the goods is made either simultaneously with the notice given in accordance with Article 39 or within a reasonable time thereafter.

3) If the goods are not in conformity with the contract, the buyer may require the seller to remedy the non-conformity by rectification, unless this is unreasonable in all circumstances. The requirement to eliminate the non-conformity of the goods with the contract must be made either simultaneously with the notification given in accordance with Article 39, or within a reasonable time after it.

Article 47

1) The buyer may set an additional period of reasonable duration for the seller to fulfill his obligations.

(2) Unless the buyer has received notice from the seller that he will not perform within the period so fixed, the buyer may not, during that period, resort to any remedy for breach of contract. The buyer, however, does not thereby lose the right to claim damages for delay in performance.

Article 48

(1) Subject to article 49, the seller may, even after the due date for delivery, remedy at his own expense any deficiency in the performance of his obligations if he can do so without unreasonable delay and without causing the buyer unreasonable inconvenience or uncertainty as to reimbursement by the seller of the costs incurred by the buyer. The buyer, however, retains the right to claim damages under this Convention.

2) If the seller asks the buyer to indicate whether he will accept performance and the buyer does not comply with this request within a reasonable time, the seller may perform within the time limit specified in his request. The buyer may not, during this period, resort to any remedy incompatible with the performance of the obligation by the seller.

(3) If the seller gives notice to the buyer that he will perform within a certain period, such notice shall also be deemed to include a request to the buyer to indicate his decision in accordance with the preceding paragraph.

4) A request or notice by the seller in accordance with paragraphs 2 and 3 of this article shall not be valid unless received by the buyer.

Article 49

1) The buyer may declare the termination of the contract:

(a) if the seller's failure to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract; or

(b) in case of non-delivery, if the seller fails to deliver the goods within the additional time period fixed by the buyer in accordance with article 47, paragraph 1, or declares that he will not deliver within the time period so fixed.

2) However, in the case where the seller has delivered the goods, the buyer loses the right to declare the contract avoided if he fails to do so:

a) in respect of delay in delivery within a reasonable time after he became aware that the delivery had been made;

b) in respect of any other breach of contract other than delay in delivery, within a reasonable time:

i) after he knew or should have known about such a violation;

(ii) after the expiration of an additional period fixed by the buyer in accordance with article 47, paragraph 1, or after the seller has declared that he will not perform his obligations within such additional period; or

(iii) after the expiration of any additional period specified by the seller in accordance with article 48, paragraph 2, or after the buyer has declared that he will not accept performance.

Article 50

If the goods do not conform to the contract, and regardless of whether the price has already been paid, the buyer may reduce the price in the same proportion as the value that the goods actually delivered had at the time of delivery corresponds to the value that the goods would have had at the same time corresponding to the contract. However, if the seller makes good the performance of his obligations under article 37 or article 48, or if the buyer refuses to accept the seller's performance under those articles, the buyer cannot reduce the price.

Article 51

(1) If the seller delivers only a part of the goods, or if only a part of the delivered goods conforms to the contract, the provisions of Articles 46 to 50 apply in respect of the missing part or the part not in conformity with the contract.

2) The buyer may only withdraw from the contract as a whole if the partial non-performance or partial non-conformity of the goods with the contract constitutes a fundamental breach of the contract.

Article 52

1) If the seller delivers the goods before the due date, the buyer may take delivery or refuse to take delivery.

2) If the seller delivers a larger quantity of goods than stipulated in the contract, the buyer may accept delivery or refuse to accept delivery of the excess quantity. If the buyer takes delivery of all or part of the excess quantity, he must pay for it at the contractual rate.

Part III. Chapter III. Buyer Obligations

Buyer Obligations

Article 53

The buyer must pay the price for the goods and take delivery of the goods in accordance with the requirements of the contract and this Convention.

Article 54

The buyer's obligation to pay the price includes taking such steps and complying with such formalities as may be required by contract or by laws and regulations to enable payment to be made.

Article 55

Where a contract has been entered into in a valid manner but does not directly or indirectly fix a price or provide for a procedure for determining it, the parties, unless otherwise stated, are deemed to have implied reference to a price which at the time the conclusion of the contract was usually charged for such goods sold under comparable circumstances in the relevant area of ​​\u200b\u200btrade.

Article 56

If the price is set depending on the weight of the goods, then in case of doubt it is determined by the net weight.

Article 57

(1) If the buyer is not bound to pay the price at any other specified place, he must pay it to the seller:

(a) the seller's place of business; or

b) if payment is to be made against the handover of the goods or documents, at the place of handover.

2) Any increase in payment costs resulting from a change in the location of the seller's place of business after the conclusion of the contract shall be charged to the seller's account.

Article 58

(1) If the buyer is not bound to pay the price at any other specific time, he must pay it when the seller places either the goods themselves or the documents of title at the buyer's disposal in accordance with the contract and this Convention. The seller may condition the delivery of the goods or documents on such payment.

(2) If the contract provides for the carriage of the goods, the seller may ship them on terms whereby the goods or documents of title will not be handed over to the buyer except against payment of the price.

3) The buyer is not obliged to pay the price until he has had the opportunity to inspect the goods, unless the delivery or payment procedure agreed by the parties is incompatible with the expectation of such an opportunity.

Article 59

The buyer is bound to pay the price on such date as is or may be fixed under the contract or this Convention, without the need for any inquiry or formality from the seller.

Section II. Delivery Acceptance

Article 60

The buyer's obligation to take delivery is:

(a) in doing all such acts as could reasonably be expected of him in order to enable the seller to make delivery; and

b) in accepting the goods.

Section III. Remedies in case of breach of contract by the buyer

Article 61

(1) If the buyer fails to perform any of his obligations under the contract or this Convention, the seller may:

a) to exercise the rights provided for in Articles 62-65;

b) claim damages as provided in articles 74-77.

2) The seller's exercise of his right to other remedies does not deprive him of his right to claim damages.

3) No reprieve may be granted to the buyer by a court or arbitration if the seller has recourse to any remedy for breach of contract.

Article 62

The seller may require the buyer to pay the price, take delivery or perform other obligations, unless the seller has resorted to a remedy inconsistent with such a demand.

Article 63

1) The seller may set an additional period of reasonable duration for the buyer to fulfill his obligations.

(2) Unless the seller has received notice from the buyer that he will not perform within the period so fixed, the seller may not, during that period, resort to any remedy for breach of contract. The seller, however, does not thereby lose the right to claim damages for delay in performance.

Article 64

1) The seller may declare the termination of the contract:

(a) if the buyer's failure to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract; or

(b) if the buyer fails, within the additional time period fixed by the seller in accordance with article 63, paragraph 1, to pay the price or take delivery of the goods, or declares that he will not do so within the time period so fixed.

2) However, in cases where the buyer has paid the price, the seller loses the right to declare the contract avoided if he fails to do so:

a) in respect of delay in performance by the buyer, before the seller became aware of the performance;

b) in respect of any other breach of contract other than delay in performance, within a reasonable time:

i) after he knew or should have known about such a violation; or

(ii) after the expiration of an additional period fixed by the seller in accordance with article 63, paragraph 1, or after the buyer has declared that he will not perform his obligations within such additional period.

Article 65

(1) Where the buyer is required by contract to specify the shape, dimensions or other particulars of the goods, and if he fails to make such specification either within the agreed time or within a reasonable time after receiving a request from the seller, the latter may, without prejudice to any other rights, which he may have, to make the specification himself in accordance with such requirements of the buyer as may be known to the seller.

(2) If the seller draws up the specification himself, he must inform the buyer in detail of its content and set a reasonable time within which the buyer may draw up a different specification. If, after receiving the notice from the seller, the buyer fails to do so within the period so fixed, the specification drawn up by the seller shall be binding.

Part III. Chapter IV. Transfer of risk

Article 66

Loss of or damage to the goods after the risk has passed to the buyer does not relieve him of his obligation to pay the price, unless the loss or damage was caused by the seller's act or omission.

Article 67

(1) If the contract of sale involves the carriage of the goods and the seller is not obliged to hand them over at any particular place, the risk passes to the buyer when the goods are handed over to the first carrier for delivery to the buyer in accordance with the contract of sale. If the seller is bound to hand over the goods to a carrier at a particular place, the risk does not pass to the buyer until the goods have been handed over to the carrier at that place. The fact that the seller is authorized to retain the documents of title does not affect the transfer of risk.

2) However, the risk does not pass to the buyer until the goods are clearly identified for the purposes of this contract by marking, shipping papers, notice to the buyer or otherwise.

Article 68

The buyer assumes the risk in respect of the goods sold while they are in transit, from the moment of delivery of the goods to the carrier who issued the documents confirming the contract of carriage. However, if at the time of the conclusion of the contract of sale the seller knew or should have known that the goods were lost or damaged and he did not inform the buyer about it, such loss or damage is at the seller's risk.

Article 69

(1) In cases not covered by articles 67 and 68, the risk passes to the buyer when the goods are accepted by him or, if he fails to do so within the due time, from the moment the goods are placed at his disposal and he commits a breach of contract, without taking delivery.

(2) If, however, the buyer is obliged to take delivery of the goods elsewhere than at the seller's place of business, the risk passes when the delivery time has come and the buyer is aware that the goods have been placed at his disposal at that time. place.

3) If the contract concerns goods not yet identified, the goods shall not be deemed to be placed at the disposal of the buyer until they are clearly identified for the purposes of this contract.

Article 70

If the seller has committed a fundamental breach of contract, the provisions of articles 67, 68 and 69 do not affect the buyer's remedies for such breach.

Part III. Chapter V Provisions Common to the Obligations of the Seller and

Provisions common to the obligations of the seller and the buyer

Section I. Foreseeable breach of contract and contracts for the supply of goods in separate lots

Article 71

1) A party may suspend the performance of its obligations if, after the conclusion of the contract, it becomes clear that the other party will not perform a significant part of its obligations as a result of:

a) a serious deficiency in its ability to perform or in its creditworthiness; or

b) its conduct in preparing to perform or in carrying out the performance of the contract.

2) If the seller has already dispatched the goods before the grounds referred to in the previous paragraph became apparent, he may prevent the transfer of the goods to the buyer, even if the buyer has a document giving him the right to receive the goods. This paragraph applies only to the rights to the goods in the relationship between the buyer and the seller.

3) The party suspending performance, whether before or after dispatch of the goods, must immediately give notice to the other party and must continue with performance if the other party provides sufficient guarantees for the performance of its obligations.

Article 72

(1) If it becomes clear before the due date for the performance of the contract that one of the parties will commit a fundamental breach of the contract, the other party may declare its rescission.

2) If time permits, the party who intends to declare the contract avoided must give reasonable notice to the other party to enable him to provide sufficient security for the performance of his obligations.

3) The requirements of the previous paragraph do not apply if the other party has declared that it will not fulfill its obligations.

Article 73

(1) If, in the case where the contract provides for the delivery of goods in separate lots, the failure of one of the parties to perform any of its obligations with respect to any lot constitutes a fundamental breach of the contract with respect to that lot, the other party may declare rescission of the contract with respect to that lot.

(2) If the failure by one party to perform any of its obligations in respect of any installment gives the other party reasonable grounds for believing that a fundamental breach of the contract will occur with respect to future installments, it may declare future termination of the contract, provided that it does so within a reasonable time.

3) The buyer who declares the termination of the contract in respect of a consignment of goods may at the same time declare its termination in respect of consignments already delivered or to be delivered if, due to their interrelationship, they cannot be used for the purpose intended by the parties at the time conclusion of the contract.

Article 74

Losses for breach of contract by one of the parties amount to an amount equal to the damage, including lost profits, suffered by the other party as a result of breach of contract. Such damages may not exceed the damage that the party in breach foresaw or should have foreseen at the time of the conclusion of the contract as a possible consequence of its breach, taking into account the circumstances of which it knew or should have known at that time.

Article 75

If the contract is terminated and if, in a reasonable manner and within a reasonable time after the termination, the buyer bought the goods in exchange or the seller resold the goods, the party claiming damages may recover the difference between the contract price and the price of the replacement transaction, as well as any additional damages that may be collected on the basis of Article 74.

Article 76

1) If the contract is terminated and if there is a current price for the goods in question, the party claiming damages may, if it has not purchased or resold under Article 75, claim the difference between the price fixed in the contract and the current price at the time of termination of the contract , as well as compensation for any additional damages that may be recovered under article 74. However, if the party claiming damages terminates the contract after acceptance of the goods, the current price at the time of such acceptance shall apply instead of the current price at the time of termination of the contract.

2) For the purposes of the preceding paragraph, the current price is the price prevailing at the place where delivery is to be made or, if there is no current price at that place, the price at such other place as is a reasonable substitute, taking into account the difference in shipping costs. goods.

Article 77

The party invoking a breach of contract must take such measures as are reasonable in the circumstances to mitigate the damage, including loss of profits, arising from the breach of contract. If it fails to take such measures, the party in breach of the contract may claim the reduction of the indemnified damages by the amount by which they could be reduced.

Article 78

If a party is in arrears in the payment of a price or other amount, the other party shall be entitled to interest on the amount in arrears, without prejudice to any claim for damages that may be recovered under section 74.

Section IV. Disclaimer

Article 79

1) A party shall not be liable for a failure to perform any of its obligations if it proves that it was caused by an obstacle beyond its control and that it could not reasonably be expected to take this obstacle into account when concluding the contract, or to avoid or overcome this obstacle or its consequences .

2) If a party's failure to fulfill its obligation is caused by the failure of a third party involved by it to fulfill all or part of the contract, this party shall be released from liability only if:

a) it is released from liability on the basis of the previous paragraph; and

b) the person involved by it would also be released from liability if the provisions of the said paragraph were applied to that person.

3) The exemption from liability provided for in this article shall apply only to the period during which the impediment exists.

4) The party that fails to perform its obligation must give notice to the other party of the impediment and its effect on its ability to perform. If this notice is not received by the other party within a reasonable time after the impediment became or should have become known to the defaulting party, that latter party shall be liable for damages resulting from the failure to receive such notice.

5) Nothing in this article shall prevent either party from exercising any rights other than a claim for damages under this Convention.

Article 80

A party may not refer to the failure to perform an obligation by the other party to the extent that this failure is caused by the actions or omissions of the first party.

Section V Consequences of termination of the contract

Article 81

1) Termination of the contract releases both parties from their obligations under the contract, while retaining the right to recover recoverable damages. Termination of the contract does not affect any provisions of the contract regarding the procedure for resolving disputes or the rights and obligations of the parties in the event of its termination.

2) The party that has performed the contract in whole or in part may demand from the other party the return of everything that was delivered or paid by the first party under the contract. If both parties are required to return what they have received, they must do so at the same time.

Article 82

1) The buyer loses the right to declare the contract rescinded or to require the seller to replace the goods if it is impossible for the buyer to return the goods in the essentially same condition in which he received them.

2) The previous paragraph does not apply:

a) if the impossibility of returning the goods or returning the goods in essentially the same condition in which they were received by the buyer is not caused by his act or omission;

b) if the goods or part of the goods have become unusable or deteriorated as a result of the examination provided for in Article 38; or

c) if the goods or part of them were sold in the normal course of trade or were altered by the buyer in the course of normal use before he discovered or should have discovered that the goods did not conform to the contract.

Article 83

A buyer who has lost the right to declare avoidance of the contract or to require the seller to replace the goods in accordance with article 82 shall retain the right to all other remedies provided for by the contract and this Convention.

Article 84

(1) If the seller is obliged to return the price, he must also pay interest on it, counting from the date the price was paid.

2) The buyer must transfer to the seller all the income that the buyer received from the goods or part thereof:

a) if he is obliged to return the goods in whole or in part; or

b) if it is impossible for him to return the goods in whole or in part, or to return the goods in whole or in part in the essentially same condition in which he received them, but he nevertheless declared the contract canceled or demanded that the seller replace the goods.

Section VI. Preservation of goods

Article 85

If the buyer is late in taking delivery, or in cases where payment of the price and delivery of the goods must be made at the same time, if the buyer does not pay the price and the seller is either still in possession of the goods or otherwise in control of their disposal, the seller must take such measures which are reasonable under the circumstances to retain the goods. He is entitled to retain the goods until his reasonable expenses are reimbursed by the buyer.

Article 86

(1) If the buyer has received the goods and intends to exercise the right to reject them by virtue of the contract or this Convention, he must take such measures as are reasonable in the circumstances to preserve the goods. He is entitled to retain the goods until his reasonable expenses are reimbursed by the seller.

(2) If the goods sent to the buyer have been placed at his disposal at the place of destination and he exercises the right of withdrawal, the buyer must take possession of the goods at the expense of the seller, provided that this can be done without payment of price and without unreasonable inconvenience or unreasonable expenses. This provision does not apply if the seller or a person authorized to take over the goods at his expense is at the place of destination of the goods. If the buyer takes possession of the goods under this paragraph, his rights and obligations shall be governed by the provisions of the previous paragraph.

Article 87

The Party which is obliged to take steps to preserve the goods may deliver them to a warehouse of a third party at the expense of the other Party, unless the costs involved are unreasonable.

Article 88

(1) A party bound to take steps to preserve the goods in accordance with Articles 85 and 86 may sell them by any appropriate means if the other party has made unreasonable delay in taking possession of the goods, or in taking them back, or in paying the price or costs of preservation, provided that reasonable notice of intent to sell the goods has been given to the other party.

(2) If the goods are liable to perishable quickly or if their preservation entails unreasonable costs, the party obliged to preserve the goods in accordance with Articles 85 and 86 must take reasonable steps to sell them. To the extent possible, it must give notice to the other party of its intention to make the sale.

3) The party selling the goods has the right to deduct from the proceeds received from the sale an amount equal to the reasonable costs of preserving and selling the goods. She must transfer the remainder to the other party.

Part IV. Final provisions

FINAL PROVISIONS

Article 89

The Secretary-General of the United Nations shall be designated as depositary of this Convention.

Article 90

This Convention shall not affect the operation of any international agreement which has already been or may be entered into and which contains provisions on matters which are the subject of this Convention, provided that the parties have their places of business in the States Parties to such an agreement.

Article 91

1) This Convention shall be open for signature at the closing meeting of the United Nations Conference on Contracts for the International Sale of Goods; it will remain open for signature by all States at United Nations Headquarters in New York until 30 September 1981.

2) This Convention is subject to ratification, acceptance or approval by signatory states.

3) This Convention shall be open for accession by all non-signatory states from the date of its opening for signature.

4) Instruments of ratification, acceptance, approval and accession shall be deposited with the Secretary General of the United Nations.

Article 92

1) A Contracting State may, at the time of signature, ratification, acceptance, approval or accession, declare that it will not be bound by Part II of this Convention or that it will not be bound by Part III of this Convention.

2) A Contracting State which has made a declaration under the preceding paragraph in respect of Part II and Part III of this Convention shall not be deemed to be a Contracting State within the meaning of Article 1, paragraph 1, of this Convention in respect of matters governed by that part of the Convention to which that declaration applies.

Article 93

(1) If a Contracting State has two or more territorial units in which, in accordance with its constitution, different systems of law apply in matters governed by this Convention, it may, at the time of signature, ratification, acceptance, approval or accession, declare that this The Convention applies to all its territorial units or only to one or more of them, and may change its declaration by submitting another declaration at any time.

2) These declarations shall be brought to the attention of the depositary and shall clearly indicate the territorial units to which the Convention applies.

(3) If, by virtue of a declaration made under this Article, this Convention extends to one or more territorial units and not to all territorial units of a Contracting State, and if a party has its place of business in that State, then for the purposes of this Convention, it shall be deemed that that place of business is not located in such Contracting State, unless it is located in a territorial unit to which this Convention applies.

4) Unless a Contracting State makes a declaration in accordance with paragraph 1 of this Article, the Convention shall apply to all territorial units of that State.

Article 94

(1) Two or more Contracting States applying the same or similar rules of law in matters governed by this Convention may at any time declare that the Convention is not applicable to contracts of sale or to their formation, where the places of business of the parties are in those States. . Such declarations may be made jointly or by mutual unilateral declarations.

(2) A Contracting State which, in matters governed by this Convention, applies rules of law similar or similar to those of one or more States not party to this Convention, may at any time declare that the Convention is not applicable to contracts of sale or to their conclusion in where the parties have their place of business in those states.

3) If the State in respect of which a declaration is made in accordance with the preceding paragraph subsequently becomes a Contracting State, the declaration made, from the date of entry into force of this Convention in respect of that new Contracting State, shall have the same effect as the declaration made in accordance with paragraph 1, provided that the new Contracting State accedes to such declaration or makes a mutual unilateral declaration.

Article 95

Any State may declare, at the time of the deposit of its instrument of ratification, acceptance, approval or accession, that it will not be bound by Article 1, paragraph 1, subparagraph (b), of this Convention.

Article 96

A Contracting State whose law requires contracts of sale to be concluded or evidenced in writing may at any time make a declaration under Article 12 that any provision of Article 11, Article 29 or Part II of this Convention which permits, that the contract of sale, its modification or termination by agreement of the parties, or an offer, acceptance or any other expression of intent, be made in any form other than in writing, is not applicable if at least one of the parties has its place of business in this state.

Article 97

(1) Declarations under this Convention made at the time of signature are subject to confirmation upon ratification, acceptance or approval.

2) Declarations and confirmations of declarations shall be made in writing and officially communicated to the depositary.

3) The declaration shall take effect simultaneously with the entry into force of this Convention in respect of the State concerned. However, a declaration of which the depositary receives formal notice after such entry into force shall take effect on the first day of the month following the expiration of six months after the date of its receipt by the depositary. Reciprocal unilateral declarations made in accordance with Article 94 shall enter into force on the first day of the month following the expiration of six months after the receipt of the last declaration by the depositary.

4) Any State which has made a declaration under this Convention may withdraw it at any time by formal notice in writing addressed to the depositary. Such waiver shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the depositary.

(5) Withdrawal of a declaration made under Article 94 shall also terminate, from the effective date of that withdrawal, any reciprocal declaration made by another State under that Article.

Article 98

No reservations other than those expressly provided for in this Convention are permitted.

Article 99

(1) This Convention shall enter into force, subject to the provisions of paragraph 6 of this article, on the first day of the month following the expiration of twelve months after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, including the instrument containing the declaration made in accordance with article 92.

(2) If a State ratifies, accepts, approves or accedes to this Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, this Convention, except for the portion not accepted, shall enter into force for that State, subject to the provisions paragraph 6 of this article, on the first day of the month following the expiration of twelve months after the date of deposit of its instrument of ratification, acceptance, approval or accession.

3) A State which ratifies, accepts, approves or accedes to this Convention and which is a party to the Convention on a Uniform Law for the Formation of Contracts for the International Sale of Goods, done at The Hague on 1 July 1964 (1964 Hague Convention on the Formation of Contracts) , or a party to the Convention on a Uniform Law for the International Sale of Goods done at The Hague on 1 July 1964 (The Hague Sales Convention 1964), or a party to both of these Conventions, simultaneously denounces, as the case may be, one or both of the Hague conventions - the Hague Sales Convention of 1964 and the Hague Convention on the Formation of Contracts of 1964, notifying the government of the Netherlands.

4) A State Party to the Hague Sales Convention, 1964, which ratifies, accepts, approves or accedes to this Convention and makes or has made a declaration in accordance with Article 92 that it will not be bound by Part II of this Convention, at the time ratification, acceptance, approval or accession, denounces the 1964 Hague Sales Convention by notifying the Government of the Netherlands.

5) A State party to the Hague Convention on the Conclusion of Treaties, 1964, which ratifies, accepts, approves or accedes to this Convention and makes or has made a declaration in accordance with Article 92 that it will not be bound by Part III of this Convention, at the time of ratification , acceptance, approval or accession denounces the 1964 Hague Treaty Convention by notifying the Government of the Netherlands.

(6) For the purposes of this Article, ratification, accession, approval of, or accession thereto by States Parties to the Hague Convention on the Formation of Contracts, 1964 or the Hague Sales Convention, 1964 shall not take effect until such denunciation as may be required from these States in respect of the last two Conventions shall not enter into force. The depositary of this Convention shall consult with the Government of the Netherlands, acting as depositary of the 1964 Conventions, in order to ensure the necessary coordination in this regard.

Article 100

(1) This Convention shall apply to the formation of a contract only if the offer to conclude the contract is made on or after the entry into force of this Convention for the Contracting States referred to in subparagraph a) of paragraph 1 of Article 1 or for the Contracting State referred to in subparagraph "b" of paragraph 1 of article 1.

2) This Convention shall apply only to contracts concluded on or after the entry into force of this Convention for the Contracting States referred to in subparagraph a) of paragraph 1 of Article 1 or the Contracting State referred to in subparagraph b) of paragraph 1 of Article 1.

Article 101

1) A Contracting State may denounce this Convention, or Part II or Part III of this Convention, by giving the depositary a formal written notification.

(2) The denunciation shall take effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. If the notice specifies a longer period for the denunciation to take effect, the denunciation shall take effect at the expiration of that longer period after the receipt of such notice by the depositary.

DONE at Vienna, this eleventh day of April, one thousand nine hundred and eighty, in a single copy, the texts of which are in the English, Arabic, Chinese, Russian, and Spanish French are equally authentic.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized by their respective governments, have signed this Convention.

Electronic text of the document
prepared by CJSC "Kodeks" and checked against:
Bulletin of the Supreme Arbitration Court
Russian Federation,
No. 14, 1994

UN Convention on the Rights of the Child

UN Convention on the Rights of the Child- an international legal document that defines the rights of children to education, the use of cultural achievements, the right to rest and leisure and the provision of other services to children by UN member states. The Convention on the Rights of the Child is the first and main international legal instrument in which the rights of the child were considered at the level of international law. The document consists of 54 articles detailing the individual rights of young citizens from birth to 18 years of age to develop their full potential in an environment free from hunger and want, cruelty, exploitation and other forms of abuse. The Convention on the Rights of the Child has been ratified by all UN member states except the United States and Somalia.

History of creation

Main provisions of the Convention

First part of the Convention

• Articles 1-4 define the concept of "child" and affirm the priority of the interests of children over the interests of society.
• Articles 5-11 define such important rights of children as the right to life, name, citizenship, the right to know their parents, the right to work of parents and not to be separated, the rights and obligations of parents towards children.
• Articles 12-17 set out the rights of children to express their views, their opinions, to freedom of thought, conscience and religion, association and peaceful assembly, the child's access to the dissemination of information.
• Articles 20-26 define the list of rights for special categories of children, as well as the obligations of the state to protect and assist such children.
• Articles 28-31 establish the rights of children to a standard of living necessary for the physical, mental, spiritual, moral and social development of the child, as well as the right to education, recreation and leisure.
• Articles 32-36 establish the state's responsibility to protect the rights of children from exploitation, illegal drug use, kidnapping and child trafficking.
• Articles 37-40 define the rights of a child in a place of detention, as well as the rights of children to protection during armed conflicts and wars.

Second part of the Convention

• Articles 41-45 mention ways of informing the main provisions of the Convention and mechanisms for monitoring the implementation by the parties to the Convention.

Third part of the Convention

• Articles 46-54 indicate the solution of procedural and legal problems of compliance by states with the provisions of the Convention. Unlike many UN conventions, the Convention on the Rights of the Child is open for signing by all states, so the Vatican, which is not a member of the UN, could also become a party to it.

The innovation of the Convention lies primarily in the scope of the rights defined for the child. Some of the rights were first recorded in the Convention (see Articles 12-17).

Convention on the right of the child to education and on the upbringing of children

Convention in Art. 28 guarantees children free and compulsory primary education and requires UN Member States to encourage the development of various forms of secondary education, both general and vocational, to ensure its accessibility to all children and the adoption necessary measures like the introduction of free education. The Convention places a significant emphasis on the right to access to higher education for all on the basis of the abilities of each, with the help of all necessary means.

An integral part of education is upbringing. So among the tasks of family education, the Convention (Article 18) requires that “every possible effort is made to ensure recognition of the principle of common and equal responsibility of both parents for the upbringing and development of the child. Parents, or where appropriate legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child are their primary concern.”

• Article 20 defines the tasks of public education of children (care for them) who have lost their parents. “Such care may include, inter alia, placement in foster care, adoption or, if necessary, placement in appropriate child care institutions. In considering replacement options, due consideration must be given to the desirability of continuity in the child's upbringing and to the child's ethnic origin, religious and cultural affiliation, and mother tongue."
• Article 21 of the Convention defines the rights of a child upon adoption in another country: “adoption in another country may be considered as alternative way child care, if the child cannot be placed in foster care or placed with a family that could provide for his upbringing or adoption, and if the provision of any suitable care in the country of origin of the child is impossible.
• Fundamental in ensuring the rights of children to education is Art. 29 of this document. In practice, it regulates for the participating countries the priorities of the goal of public education:

(a) the development of the child's personality, talents and mental and physical abilities to their fullest potential; b) fostering respect for human rights and fundamental freedoms, as well as the principles proclaimed in the Charter of the United Nations; c) fostering respect for the child's parents, his cultural identity, language and values, for the national values ​​of the country in which the child lives, his country of origin and for civilizations other than his own; d) preparing the child for a conscious life in a free society in the spirit of understanding, peace, tolerance, equality between men and women and friendship between all peoples, ethnic, national and religious groups, as well as persons from among the indigenous population; e) fostering respect for the environment.

Federal legislation and by-laws of the Russian Federation in the development of the Convention

• 1993 The UN Committee on the Rights of the Child, at its 62nd, 63rd and 64th meetings held on January 21 and 22, 1993, considered the Initial Report of the Russian Federation on the implementation of the Convention on the Rights of the Child submitted in accordance with Article 44 and adopted the relevant comments.
• 1993 - The Government of the Russian Federation adopted Decree No. 848 of August 23, 1993 "On the implementation of the UN Convention on the Rights of the Child and the World Declaration on the Survival, Protection and Development of Children."
• 1993 - The Government of the Russian Federation, by Decree No. 1977 of October 23, 1993, approved the Regulations "On the Commission for the Coordination of Work Related to the Implementation of the UN Convention on the Rights of the Child and the World Declaration on Ensuring the Survival, Protection and Development of Children in the Russian Federation."
• 1993 - The Government of the Russian Federation established a Commission for the coordination of work related to the implementation of the Convention on the Rights of the Child and the World Declaration on the Survival, Protection and Development of Children in the Russian Federation (existed until 2004, since 2006 the Government their rights, as well as the Government Commission on the Rights of the Child in the Russian Federation).
• 1994 - The President of the Russian Federation, by Decree No. 1696 of August 18, 1994, approved the Presidential Program "Children of Russia".
• 1995 - The President of the Russian Federation signed Decree No. 942 dated September 14, 1995 "On Approval of the Main Directions of State Social Policy to Improve the Situation of Children in the Russian Federation until the Year 2000 (National Plan of Action in the Interests of Children)".
• 1995 - The Family Code of the Russian Federation is adopted.
• 1995 - The Federal Law of 98-FZ "On State Support for Youth and Children's Public Associations" was adopted.
• 1997 - Decree of the Government of the Russian Federation of September 19, 1997 No. 1207 "On federal targeted programs to improve the situation of children in the Russian Federation for 1998-2000" approved federal targeted programs to improve the situation of children in the Russian Federation, Decree of the President of the Russian Federation " About the presidential program "Children of Russia" dated January 15, 1998 No. 29 said programs united in the program "Children of Russia", which was given the status of a presidential one.
• 1998 - The Second Periodic Report of the Russian Federation on the implementation of the Convention on the Rights of the Child and an annex to it were approved.
• 1998 - the State Duma of the Russian Federation, and the President of the Russian Federation approved the Federal Law of July 4, 1998 No. 98-FZ "On Basic Guarantees of the Rights of the Child in the Russian Federation"
• 2000 - Decree of the Government of the Russian Federation of August 25, 2000 approved 10 federal targeted programs to improve the situation of children for 2001-2002 (due to the expiration of the Presidential program "Children of Russia").
• 2002 - Decree of the Government of the Russian Federation dated October 3, 2002 No. 732 approved the federal target program "Children of Russia for 2003-2006".
• 2002 - The Third Periodic Report on the implementation by the Russian Federation of the UN Convention on the Rights of the Child (1998-2002) was approved.
• 2004 - federal law No. FZ-122 dated August 22, 2004, amendments were made to the law “On Basic Guarantees of the Rights of the Child in the Russian Federation” in part, the delimitation of powers between the Russian Federation and the constituent entities of the Russian Federation.
• 2004 - Federal Law No. FZ-190 dated December 21, 1994 amended the law "On the Basic Guarantees of the Rights of the Child in the Russian Federation" in terms of the rights of the child in Russia to rest and recreation.
• 2006 - Approved by Decrees of the President of the Russian Federation and relevant resolutions of the Government of the Russian Federation mechanisms for the implementation of priority national projects "Education", "Health".
• 2006 - Decree of the Government of the Russian Federation dated May 6, 2006 No. 272 ​​approved the Government Commission on juvenile affairs and the protection of their rights.
• 2006 - By a joint order of the Ministry of Health and Social Development of Russia, the Ministry of Education and Science of Russia, the Ministry of Culture of Russia dated June 28, 2006 No. 506/168/294, an Interdepartmental Commission on Family and Children was established.
• 2007 - Decree of the Government of the Russian Federation dated March 21, 2007 No. 172 approved the federal target program "Children of Russia for 2007-2010".
• 2007 - By order of the President of the Russian Federation in June 2007, the Government was instructed to develop a new federal targeted program aimed at preventing delinquency among children and youth, including sports and cultural events.

Literature

• Shneckendorf Z.K. Guide to the Convention on the Rights of the Child. - M., 1997.

see also

• European Convention for the Protection of Human Rights and Fundamental Freedoms
• Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography ()

Links

• Official text of the Convention on the Rights of the Child in Russian
• Swedish organization Save the Children (Rädda Barnen) is at the forefront of support for the Convention on the Rights of the Child
• Activities of international bodies in the protection of the rights of the child
• Children's rights in the Russian Federation: legislation and practice
• Regulations on the Government Commission for Juvenile Affairs and the Protection of Their Rights

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UN Convention against Torture Convention on the Elimination of All Forms of Discrimination against Women Convention on the Elimination of All Forms of Racial Discrimination Convention on the Rights of Persons with Disabilities Convention on the Rights of the Child· International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families · International Convention on the Suppression and Punishment of the Crimes of Apartheid · International Convention for the Protection of All Persons from Enforced Disappearance · International Covenant on Civil and Political Rights · International Covenant on Economic , social and cultural rights
Regional human rights instruments
African Charter on Human and Peoples' Rights European: European Convention for the Protection of Human Rights and Fundamental Freedoms European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment European Social Charter Inter-American: American Convention on Human Rights Inter-American Convention on Enforced Disappearance of Persons Inter-American Convention to Prevent and Punish Torture Inter-American Convention to Prevent, Punish and Eradicate Violence against Women Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities
International humanitarian law
Convention on the Prevention and Punishment of the Crime of Genocide (English) Convention relating to the Status of Refugees (English) Protocol relating to the Status of Refugees (English) Geneva Conventions Hague Conventions Rome Statute of the International Criminal Court (English)
War and armed conflict	Civilian Combatant Freedom from genocide Captivity
Concepts that can be considered as human rights
Civil and political	Right to death · Right to security of person · Freedom · Freedom of movement · Freedom from slavery · Personality · Morphological freedom · Right to guns · Equality before the law · Right to medical treatment · Freedom from arbitrary arrest and detention Freedom from torture and ill-treatment Right to fair and impartial justice