Legal encyclopedia. Letter D

THE HAGUE CONVENTION REJECTING THE LEGALIZATION OF FOREIGN DOCUMENTS.

Convention repealing the requirement of legalization

Foreign documents was adopted on October 5, 1961 in The Hague in order to cancel the requirements of diplomatic or consular legalization of foreign official documents.

The Convention consists of 15 articles and the Application "Apostilled Model".

The operation of the Convention extends to official documents that have been committed in the territory of one of the contracting states and must be presented in the territory of another contracting state.

As official documents in the sense of the Convention, the following shall be considered:

1) documents originating from an authority or

An official subject to the jurisdiction of the State, including documents emanating from the prosecutor's office, the clerk of the court or the bailiff;

2) administrative documents;

3) notarial acts;

4) official notes, such as registration marks; Visas confirming a certain date; Assurance of the signature on the document, not attested by the notary.

The Convention does not apply to:

1) documents committed by diplomatic or consular agents;

2) administrative documents directly related to commercial or customs operations.

Each of the contracting states exempts from legalization the documents covered by the Convention and which must be presented on its territory.

Legalization according to Art. 2 of the Convention is a formal procedure used by the diplomatic or consular agents of the country in whose territory the document is to be submitted for authenticating the signature, the quality in which

Was the person who signed the document, and, if appropriate, the authenticity of the seal or stamp to which this document is attached.

The only formality that can be required to authenticate the signature, the quality of the person signing the document, and, if appropriate, the authenticity of the seal or stamp with which this document is attached, is the apostille provided by the competent authority of the state in which the document was made . However, the provision of an apostille can not be required if the laws, regulations or customs in force in the state in which the document is submitted, or an agreement between two or more

Contracting states, cancel or simplify this procedure or release the document from legalization.

The apostille provided is placed on the document itself or on a separate sheet, stapled with the document; It must conform to the model attached to the Convention. However, it can be drafted in the official language of the issuing body.

Apostille is stamped upon application

The signatory or any bearer of the document.

The value of an apostille is that it certifies the authenticity of the signature, the quality of the person signing the document, and, in the appropriate case, the authenticity of the seal or stamp with which this document is attached.

Each contracting state appoints, in the light of their official functions, those bodies to whom the apostille authority is granted.

Each of these authorities must maintain a book of records or a card in which it registers apostilled, stating:

1) the serial number and date of the apostille;

2) the name of the person who signed the official document and the quality in which it acted, and in relation to unsigned documents - the indication of the authority that stamps or stamped it.

At the request of any interested person, the authority that issued the apostille is obligated to check whether the entries made in it correspond to the information entered in the book of records or the file cabinet.

The signature, seal or stamp on the apostille does not require any assurance.

If a contract is concluded between two of the several contracting States, a convention or agreement containing provisions requiring certain formalities for the certification of a signature, stamp or stamp, the Convention provides for a departure from these provisions only if the formalities specified therein are more stringent.

Each contracting state shall take the necessary measures to ensure that its diplomatic or consular agents do not legalize when it is released from it under the Convention.

The Convention, abrogating the requirement of legalization of foreign official documents, is open for signature by the states represented at the 9th session of the Hague Conference on Private International Law, as well as by Ireland, Iceland, Liechtenstein and Turkey.

It is subject to ratification, and the instruments of ratification are deposited with the Ministry of Foreign Affairs of the Netherlands.

The Convention enters into force on the 60th day after the

The deposit of the third instrument of ratification.

For each signatory State ratifying it later, it shall enter into force on the 60th day after the deposit of its instrument of ratification.

The accession of states to the Convention is stated in art. 12, which provides that any state can join it. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands.

The accession is valid only in the relations between the acceding state and the contracting parties

States that do not object to it within six months of receiving the notification. A notification of such objection shall be sent to the Ministry of Foreign Affairs of the Netherlands.

The Convention enters into force between the acceding state and

States that have not raised objections to accession on the 60th day after the expiry of the 6-month period from the date of receipt of the notification.

At the time of signature, ratification or accession, any State may declare that the Convention applies to all territories it represents at the international level or to one or more of these territories. This application is considered valid from the moment the Convention enters into force for this state.

If the application for the extension of the action is made by the state that has signed and ratified the Convention, the latter shall enter into force with respect to the territories specified therein. If a declaration of distribution is made by a State that has acceded to the Convention, the latter shall enter into force with respect to the territories specified therein.

The Convention is valid for 5 years from the date of its entry into force, including in respect of States that ratify it or accede thereto subsequently.

If the Convention is not denounced, its operation shall be extended with the parties' tacit consent for every subsequent 5 years. The Ministry of Foreign Affairs of the Netherlands is informed of the denunciation not less than 6 months before the expiry of the 5-year period. Denunciation may be limited to some of the territories covered by

The operation of the Convention. Denunciation shall be effective only with respect to the State which notifies it. The Convention remains in force with respect to other contracting states.

The Ministry of Foreign Affairs of the Netherlands notifies the states:

1) about notifications;

2) on signatures and ratifications;

3) the date of entry into force of the Convention;

4) on accessions and objections;

5) on the extension of the action of Art. 13 and the date of its entry into force;

6) on denunciations.