Оговорки и заявления по Договору №:077 - Конвенция о создании системы регистрации завещаний

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Статус на 18/10/2019

Бельгия

Declaration contained in a letter from the Permanent Representative of Belgium, dated 2 March 1977 - Or. Fr.

With reference to the deposit of the instrument of ratification of the Convention on the Establishment of a Scheme of Registration of Wills, I have the honour to notify herewith, in conformity with Article 3.2, the appointment by the Belgian Government of the National Body:

- FEDERATION ROYALE DES NOTAIRES DE BELGIQUE - CRT rue de la Montagne, 34 - Boîte postale 11, 1000 Bruxelles (name in French language)

- KONINGLIKJKE FEDERATIE VAN BELGISCHE NOTARISSEN - CRT Bergstraat 34 - Bus 11, 1000 Brussel (name in Dutch language).
Период результата: 09/05/1977 -
Cтатьях, посвященных : 3


Испания

Declaration contained in the instrument of ratification, deposited on 28 June 1985 - Or. Sp.

The national body designated by Spain under Article 2 of the Convention is the "Registro General de Actos de Ultima Voluntad, Dirección General de los Registros y del Notariado Ministerio de Justicia, San Bernardo, 45, 28015 Madrid".
Период результата: 29/09/1985 -
Cтатьях, посвященных : 2

Declaration contained in a letter from the Permanent Representative of Spain, dated 25 January 1999, registered at the Secretariat General on 26 January 1999 - Or. Fr., and confirmed by a letter dated 9 March 1999, registered at the Secretariat General on 10 March 1999 - Or. Fr.

Central Authority :

Ministerio de Justicia, Secretaría General Técnica, San Bernardo, 45, 28071 Madrid, Espana.
Период результата: 10/03/1999 -
Cтатьях, посвященных : 3


Италия

Declaration contained in a letter from the Permanent Representative of Italy, dated 23 September 1981, handed to the Secretary General at the time of deposit of the instrument of ratification, on 25 September 1981 - Or. It.

I have the honour to notify, in accordance with Article 3, paragraph 2 of the said Convention, that the Italian Republic has appointed the "Amministrazione Archivi Notarili nella persona del Direttore avente qualifica di Conservatore del registro generale dei Testamenti, via Padre Semeria, 99 ROMA" as national body, in pursuance of Article 3, paragraph 1, of the Convention.
Период результата: 26/12/1981 -
Cтатьях, посвященных : 3


Кипр

Declaration contained in a letter from the Permanent Representative of Cyprus, dated 11 October 1982, registered at the Secretary General on the same day - Or. Engl.

a. Name and nature of the Body nominated under Article 2 of the Convention:

The name of the body is the "Principal Probate Registry".

Nature of the Body : It has been established under the Administration of Estates Law, Cap. 189 and it is housed at the Supreme Court Registry. It is headed by the Chief Registrar of the Supreme Court who is directly responsible to the Supreme Court. Its main functions under this Law are :

1. to keep an alphabetical list of all applications for letters of administration or for probate of wills of deceased persons, made in the District Probate Registries of Cyprus;

2. to keep a register and alphabetical index of persons who have deposited their will in the District Probate Registries;

3. to prepare an annual calendar of the grants made in the District Probate Registries, containing a note of every probate or administration with the will annexed and of every other administration granted within the period specified in the calendar setting forth the date of the grant, the registry in which it was made, the name, in alphabetical order, and the place and time or death of the testator or intestate, the names and description of the executors or administrators, and the value of the estate, if any;

4. to reply to requests for information regarding deposit of wills and other matters regarding administration of estates;

5. to supervise administration of estates in the District Probate Registries.

b. Name and nature of the Body nominated under Article 3 of the Convention:

It is the same body as the one nominated under Article 2.

c. Fees payable for furnishing information by the nominated body:

The question of fees appears to be a matter of legislation because it seems that they do not come within the ambit of Article 163.2(1) of the Constitution, in which case the Supreme Court might have been able to make Rules prescribing the appropriate fees. It is submitted, however, that the fee of £2 provided by item 1 of Appendix B of the Administration of Estates (Amendment) Rules, 1978, is a proper fee.

d. Fees payable for furnishing information by the nominated body:

The answer to this query is the same as the one given with respect to c but it is submitted that the fee of .500 mils provided by item 3 of the above Rules is a proper fee.

e. Average monthly or annual number of wills registered:

The average number of wills deposited by non-Cypriot citizens is 15. (The average annual number of wills registered by Cypriot citizens is about 300).

f. Average monthly or annual number of requests for information:

The number of requests for information regarding wills in general is very small - 2 to 3 a year.

g. Possibility of extending the system of registration of wills as provided by Article 11 of the Convention:

There is a possibility of extending the system of registration of wills as provided by Article 11 of the Convention.
Период результата: 11/10/1982 -
Cтатьях, посвященных : 11, 2, 3


Литва

Declaration contained in the instrument of ratification deposited on 19 May 2004 - Or. Engl. and updated in a Note Verbale from the Ministry of Foreign Affairs of Lithuania, dated 2 August 2016, registered at the Secretariat General on 2 September 2016 - Or. Engl.

In accordance with Articles 2 and 3 of the Convention, the Republic of Lithuania declares that the responsible institution for the registration, requests for information and international co-operation provided for by the Convention is:

State Enterprise Centre of Registers
Vinco Kudirkos str.18-3,
LT-03105 Vilnius
Lithuania
Tel. : +370 (5) 268 8262
Fax. : +370 (5) 268 8311
E-mail : info@registrucentras.lt
Internet : http://info.registrucentras.lt/
Период результата: 20/08/2004 -
Cтатьях, посвященных : 2, 3


Люксембург

Declaration contained in a letter from the Permanent Representative of Luxembourg, dated 3 June 1982, handed to the Secretary General at the time of deposit of the instrument of ratification on the same day - Or. Fr.

I have the honour to notify, in pursuance of Article 3, paragraph 2 of the Convention, that the "Administration de l'Enregistrement et des Domaines, Plateau du St. Esprit, Luxembourg" has been appointed to arrange for registration in other Contracting States, as provided for in Article 6, and to receive requests for information arriving from the national bodies of other Contracting States and answer them under the conditions set out in Article 8.
Период результата: 04/09/1982 -
Cтатьях, посвященных : 3


Нидерланды

Declaration made at the time of deposit of the instrument of acceptance, on 12 December 1977 - Or. Fr.

For the Kingdom of the Netherlands the Ministry of Justice in The Hague has been designated as national body under Article 3, paragraph 1 of the convention. This Ministry performs the tasks set out in the above-mentioned paragraph:

a. with regard to the Netherlands Register of Wills;

b. with regard to the duplicate of the Antilles Register of Wills, kept by it.
Период результата: 13/03/1978 -
Cтатьях, посвященных : 3

Declaration contained in the instrument of acceptance, deposited on 12 December 1977 - Or. Fr.

The Government of the Kingdom of the Netherlands accepts the said Convention for the Kingdom in Europe and the Netherlands Antilles.

Note by the Secretariat:
As of 10 October 2010, the term "the Netherlands Antilles" should be read as "Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba)" – see the Communication from the Permanent Representation of the Netherlands registered at the Secretariat General on 28 September 2010, concerning the modification in the structure of the Kingdom. ]
Период результата: 13/03/1978 -
Cтатьях, посвященных : 14

Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986 - Or. Engl.

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.

List of Conventions referred to by the Declaration

...

77. Convention on the Establishment of a Scheme of Registration of Wills (1972)

...
Период результата: 01/01/1986 -
Cтатьях, посвященных : 14


Португалия

Declaration contained in a letter from the Permanent Representative of Portugal, dated 26 April 1982, registered at the Secretariat General on 27 April 1982 - Or. Fr.

I have the honour, with reference to Article 3 of the Convention on the Establishment of a Scheme of Registration of Wills, to inform you that the Portuguese authorities have appointed as competent body the "Conservatória dos Registos Centrais, Rua Rodrigo da Fonseca, 198/202, 1000 LISBOA, Portugal".
Период результата: 21/07/1982 -
Cтатьях, посвященных : 3


Турция

Reservation contained in a letter from the Permanent Representative of Turkey, dated 19 December 1975, handed to the Secretary General at the time of deposit of the instrument of ratification on the same day - Or. Fr.

The Government of Turkey, while ratifying the Convention on the Establishment of a Scheme of Registration of Wills, declares that it does not consider itself bound to carry out the provisions of the said Convention in relation to the Greek Cypriot Administration, which is not constitutionally entitled to represent alone the Republic of Cyprus.

[Note by the Secretariat: The Notification of the above reservation mentioned the Decision taken by the Committee of Ministers in February 1976, at the 254th meeting of the Ministers' Deputies, which reads as follows :

"The Deputies,
In the light of the foregoing discussion, and referring solely to the procedural aspects of the deposit of the seven instruments of ratification,
Considered that the Secretary General should proceed, with effect from 19 December 1975 to the registration of these instruments of ratification as presented by the Permanent Representative of Turkey by letters dated 19 December 1975 and notify the Governments of member States thereof, it being understood that the registration of reservations by the Secretary General has no effect on their validity.
The above decision will in no way affect the position of the Government of the Republic of Cyprus in the Committee of Ministers of the Council of Europe."]

Период результата: 20/03/1976 -
Cтатьях, посвященных : -

Declaration contained in a letter from the Permanent Representative of Turkey, dated 25 May 1984, registered at the Secretariat General on 5 June 1984 - Or. Fr.

I have the honour to inform you that the national body set out in Article 3, paragraph 1 and Article 3, paragraph 2 of the Convention on the Establishment of a Scheme of Registration of Wills is the Association of Notaries of Turkey, the denomination of which is "Türkiye Noterler Birligi".
Период результата: 05/06/1984 -
Cтатьях, посвященных : 3


Украина

Declaration contained in the instrument of ratification deposited on 30 September 2010 - Or. Engl.

In accordance with Article 3, paragraph 1, of the Convention, Ukraine declares that the Ministry of Justice of Ukraine is the national authority to fulfill the functions provided for by the Convention.
Период результата: 31/12/2010 -
Cтатьях, посвященных : 3

Declaration contained in a Note verbale from the Ministry of Foreign Affairs of Ukraine, dated 12 October 2015, transmitted by a Note verbale from the Permanent Representation of Ukraine, dated 13 October 2015, registered at the Secretariat General on 16 October 2015 – Or. Engl.

The Ministry of Foreign Affairs of Ukraine presents its compliments to the Secretary General of the Council of Europe, as the Depositary of the European Convention on Information on Foreign Law of 7 June 1968, the Additional Protocol to the European Convention on Information on Foreign Law of 15 March 1978, the European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders of 30 November 1964, the Convention on the Transfer of Sentenced Persons of 21 March 1983, the Additional Protocol to the Convention on the Transfer of Sentenced Persons of 18 December 1997, the European Convention on the Transfer of Proceedings in Criminal Matters of 15 May 1972, the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 17 March 1978, the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 8 November 2001, the European Convention on Extradition of 13 December 1957, the Additional Protocol to the European Convention on Extradition of 15 October 1975, the Second Additional Protocol to the European Convention on Extradition of 17 March 1978, the European Convention on the Suppression of Terrorism of 27 January 1977, the Protocol amending the European Convention on the Suppression of Terrorism of 15 May 2003, the Council of Europe Convention on the Prevention of Terrorism of 16 May 2005, the European Convention on the International Validity of Criminal Judgments of 28 May 1970, the Convention on Cybercrime of 23 November 2001, the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems of 28 January 2003, the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings of 16 May 2005, the European Convention on the Exercise of Children's Rights of 25 January 1996, the Convention on Contact concerning Children of 15 May 2003, the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980, the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse of 25 October 2007, the Convention on the Establishment of a Scheme of Registration of Wills of 16 May 1972, the Agreement on Illicit Traffic by Sea, implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 31 January 1995, the Criminal Law Convention on Corruption of 27 January 1999, the Additional Protocol to the Criminal Law Convention on Corruption of 15 May 2003 (hereinafter referred to as the «Conventions, Protocols, Agreement» respectively), and has the honour to inform of the following.

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.

The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.

In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above Conventions, Protocols, Agreement, as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the Conventions, Protocols, Agreement regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The order of the relevant communication is determined by the central authorities of Ukraine in Kyiv.
Период результата: 16/10/2015 -
Cтатьях, посвященных : -


Франция

Declaration contained in the instrument of approva, deposited on 20 September 1974 - Or. Fr., and updated by a Note verbale from the Permanent Representation of France, dated 31 August 2011, registered at the Secretariat General on 2 September 2011 - Or. Fr.

In accordance with Article 3, paragraph 2, of the Convention, the national body appointed is the:

Conseil supérieur du notariat
60 boulevard de la Tour-Maubourg
75007 PARIS.
Период результата: 20/03/1976 -
Cтатьях, посвященных : 3

Declaration contained in the instrument of approval, deposited on 20 September 1974 - Or. Fr.

In accordance with Article 14, paragraph 1 of the Convention, the French Government specifies the following territories : "European and Over-Sea Departments of the Republic".
Период результата: 20/03/1976 -
Cтатьях, посвященных : 14


Эстония

Declaration contained in a Note verbale from the Permanent Representation of Estonia, dated 21 September 2001, deposited with the instrument of ratification on 21 September 2001 - Or. Engl. and updated by a Note verbale from the Ministry of Foreign Affairs of Estonia, dated 18 February 2016, registered at the Secretariat General on 3 March 2016 - Or. Engl.

For the purposes of Article 3 of the Convention, the national body appointed for the Republic of Estonia is:

The Chamber of Notaries
Tatari 25
10116 Tallinn, Estonia
E-mail: koda@notar.ee
Webpage: www.notar.ee
Период результата: 22/12/2001 -
Cтатьях, посвященных : 3


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