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Estonia · Law · SE

362

Law on Denunciation in Civil, Family and Criminal Matters on Legal Aid and Legal Relations Agreement between the Republic of Estonia and the Russian Federation

avaldatud riigiteatajasEstonia· Riigikogu· ET

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22 January 2024

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AVALDATUD_RIIGITEATAJAS

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20 March 2024

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Summary

The bill denounces the agreement between Estonia and Russia on legal aid and legal relations in civil, family and criminal matters, which entered into force in 1995. According to the legal assistance agreement, the other party to the agreement must be notified of the termination of the agreement at least six months before the end of the five-year validity period of the agreement. The explanatory letter states that the Russian Federation's war of aggression in Ukraine is a violation of international law, including the UN Charter material breach of principles. According to the UN Charter, all members of the UN must in their international relations refrain from using force against the territorial integrity and political independence of any country. Since February 24, 2022, Russia has committed serious war crimes, violations of human rights and international humanitarian law in Ukraine. Russia has been excluded from the Council of Europe since May 16, 2022, and is no longer applicable in this regard Convention for the Protection of Human Rights and Fundamental Freedoms. As long as Russia's full-scale war of aggression in Ukraine lasts, Estonia will continue its efforts to isolate the aggressor in the international arena and maintain bilateral relations with Russia only at the absolutely necessary minimum level. The premise of the legal assistance agreement is trust in the legal systems of another country, and since there is no trust in the Russian legal system, Estonia terminates the legal assistance agreement validity. With the invalidation of the legal aid agreement, Russia will become the third country with which Estonia does not have a special regime in resolving legal issues, and civil matters will be based on the rules of private international law. The denunciation of the legal assistance agreement does not preclude further cooperation between Estonia and Russia in criminal matters as well, since it is still possible to rely on various international conventions there as well, if both countries are its participants.

Machine translation from Estonian. The official text remains authoritative.

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