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Draft
Memorandum
of Understanding on Multilateral Co-operation

The duly authorized representatives of the national independent associations of Judges, hereinafter referred to as the Parties, have affixed their signatures in Annex «В» to the present Memorandum,
reaffirming the commitment to implement the principles, objectives and obligations arising from «Basic Principles on the Independence of the Judiciary» (UN Doc A/Conf.121/22/Rev.1 at 59 (1985) and «Universal Charter of the Judge» (approved by the International Association of Judges and published in 1999),
adhering to the provisions of Article 3 of the Constitution of the International Association of Judges (approved in November 2003),
stating the progress, achieved in their states in implementation of the international standards on the independence of judiciary as an integral part of the judicial power and guarantee of the human rights and freedoms,
noting the important role of national independent associations of judges in the formation of civil society, ensuring the rule of law, democracy and strengthening the independence of the judiciary,
recognizing the existence of reasonable grounds for cooperation between the Parties,
seeking to initiate programs of bilateral cooperation related to the scope of their professional interests, share knowledge and experiences and strengthen institutional capabilities,
considering that the present Memorandum provides an adequate framework for further deepening cooperation
agreed as follows:

Article 1.
PURPOSE

The Parties shall deepen cooperation by implementation and development of programs aimed at strengthening friendly relations, institutional capabilities and conducting studies of problems of common interest to the justice process in their countries on a comparative basis.

Article 2.
ACTIVITIES WITHIN THE FRAMEWORK OF COOPERATION

For this purpose and within the framework of cooperation the Parties shall realize the following activities:
1. In the field of knowledge and experience exchange:
1.1. The Parties may exchange knowledge and experience on agreed themes by mutually concerted means;
1.2. The Parties may exchange documentation containing regulatory legal acts in the field of justice administration;
1.3. The Parties may exchange documentation containing decisions, rulings and decrees, adopted by the courts in their states;
1.4. The Parties shall facilitate the exchange of information and experience at the level of their Secretariats;
1.5. The Parties may organize mutual visits of their representatives, exchange delegations of judges and employees of their Secretariats to share knowledge and experience on the operation of the court systems in their countries.

2. In the field of training:
2.1. The Parties may conduct joint training programs related to their professional sphere and other mutually agreed themes aimed at training and raising of qualification level of judges;
2.2. The Parties may be invited to the training programs convened by one of their Secretariats;
2.3. The Parties may foster exchange visits of trainers, training and information materials, such as training kits, books, audiovisual materials, etc., worked out by their Secretariats responsible for trainings.

3. In the field of conducting studies:
3.1. The Parties may agree to conduct joint study examining issues within their competence;
3.2. The Parties may foster exchange visits of their experts on the mutually agreed themes of study;
3.3. The Parties may exchange documentation of legal nature, scientific and expert studies.

4. In the field of holding seminars:
The Parties may organize joint seminars on the mutually agreed themes.

5. In the field of carrying out other activities:
By mutual written consent the Parties may carry out other activities within the framework of cooperation.

Article 3.
WRITTEN COMMUNICATIONS

The methods for implementation of the cooperation activities as defined in Article 2 of the present Memorandum, duration of cooperation programs and other details not specifically addressed in the present Memorandum shall be determined by the Parties by written coordination.

Article 4.
HOLDING MEETINGS

With the purpose of planning cooperation activities, as defined in Article 2 of the present Memorandum, discussing issues of judicial independence and constitutional and moral standing of the judicial authority in their countries as well as current issues of mutual professional interest, the Parties shall hold at least one annual Meeting of their representatives in rotation among the Parties. The Parties shall appoint 3 – 7 representatives of their national independent associations of judges to participate in the Meeting. Any Party may authorize a representative of another Party to participate in the Meeting on its behalf. Representatives of other organizations may participate in the Meeting as advisers and observers by mutual consent of the Parties. All decisions shall be taken only with the consent of all representatives of the Parties present in the Meeting, except for cases envisioned under the Articles 8 and 11 of the present Memorandum when unanimous approval among all Parties to the present Memorandum is required.

Article 5.
DIRECT COMMUNICATION AND STATUTORY LANGUAGE

Unless otherwise determined by the Parties, they may communicate directly. The Parties shall adopt English and Russian as working languages within the framework of their cooperation activities.

Article 6.
EXPENSES

The cooperation activities carried out under this Memorandum will be subject to the availability of funds and resources of the Parties.
Except as otherwise provided, when carrying out activities listed in the Article 2 of the present Memorandum, the international and local transportation costs as well as accommodation expenses shall be covered by the sending Parties.
Except as otherwise provided, when holding their Meeting envisaged by the Article 4 of the present Memorandum, the sending Parties shall bear costs of international travel and the receiving Party shall cover local transportation costs and accommodation expenses.

Article 7.
SECRETARIAT OF THE PARTIES TO THE PRESENT MEMORANDUM

The Secretariat of the Parties to the present Memorandum will be rotated annually by mutual consent of the Parties and, unless otherwise determined, its functions shall be performed by the Secretariat of the Party agreed to be the receiving Party of the next annual Meeting. The Parties may appoint one or more representatives of their Secretariats as the contact persons responsible for maintaining correspondence and implementation of the necessary preparatory measures for the fulfilment of the present Memorandum. The Secretariat will act as a contact point for national independent association of judges intending to join the present Memorandum and coordinate the process of bringing the Parties to the present Memorandum into accord concerning the application on the intention of a national independent association of judges to become a Party to the present Memorandum and to inform the Parties when a new Party joins. As soon as the duly authorized representative of the new Party affixes the signature in Annex «C» to the present Memorandum, the Secretariat will provide the Parties with its contact information. Contact details for the Secretariat, approved for the period up to the next Meeting of the Parties to the present Memorandum as well as description of its functions are defined in Annex «A».

Article 8.
JOINING OF NEW PARTIES TO THE PRESENT MEMORANDUM

Participation in the present Memorandum is voluntary and open to the relevant national independent association of judges admitted to the International Association of Judges as its ordinary or extraordinary members. All Parties to the present Memorandum have equal status.
To join the present Memorandum a national independent association of judges shall submit the application of its intention to become a Party to the present Memorandum for the approval of the Parties. Upon receipt of approvals with the original signature, affixed by the duly authorized representative of each of the Parties to the present Memorandum by post, the Secretariat will agree upon the date when signature of the duly authorized representative of the national independent association of judges is affixed in Annex «C» to the present Memorandum.

Article 9.
THE LEGAL STATUS OF THE MEMORANDUM

Nothing in the present Memorandum shall be interpreted as the basis for an international treaty or agreement, which provide for the legal commitments in the field of public international law. Nothing in the present Memorandum shall provide any monetary commitment. The present Memorandum does not accord any rights under the national legislation of the Parties. The present Memorandum does not imply the establishment of the regional group within the framework of the International Association of Judges with respect to the Article 8 of its Constitution approved in November 2003.

Article 10.
EFFECTIVENESS

The present Memorandum comes into force for any of the Parties from the date of the affixation of signature by its duly authorized representative in Annex «B» or «C» and shall remain in effect for the period of five years. It shall thereafter remain in force for successive periods of five years unless it is renounced by either of the Parties with a prior written notice to the other Parties of at least 6 months before the expiration of the current period.

Article 11.
CHANGES AND AMENDMENTS

The present Memorandum may be changed or amended by the Parties.
Changes or amendments to the present Memorandum shall be made by the Secretariat of the Parties to the present Memorandum upon receipt of approvals with the original signature, affixed by the duly authorized representative of each of the Parties to the present Memorandum by post.

Article 12.
FINAL PROVISIONS

Any disputes between the Parties arising from the interpretation of the present Memorandum shall be settled through consultations or by any other mutually concerted means. The present Memorandum is made in English language in a number of counterpart originals, one for each Party, all texts being equally authentic.