Estónia - Autoridade Central (Art. 2) e informações práticas
Central Authority(ies):
Ministry of Justice
Contact details:
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Address: | Ministry of Justice Suur-Ameerika 1, 15006 Tallinn Estonia |
Telephone: | +372 6 208 183 +372 6 208 186 |
Fax: | +372 620 8109 |
E-mail: | central.authority@just.ee |
General website: | http://www.just.ee/ |
Contact person: | Ms Anastasia ANTONOVA, Adviser International Judicial Co-operation Unit Ministry of Justice tel.: +372 620 8183 e-mail: central.authority@just.ee |
Languages spoken by staff: | Estonian, English, Russian |
Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires) |
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Blocking statutes: | Yes, there are two European instruments of this nature: |
Chapter I
(Letters of Requests) |
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Transmission of Letters of Requests: | Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State. |
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): | - Judicial authority competent to execute the request; - Central Authority. |
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | Declaration of applicability. See Competent Authority. |
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): | Declaration of applicability. See declaration. |
Translation requirements (Arts 4(2) and 33): | Accepts Letters of Requests written in or translated into Estonian, French and English. |
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): | Expert assessment costs may be asked to be reimbursed. |
Time for execution: | Approximately 6-12 months as the time and possibility of taking evidence depends on the circumstances. |
Art 23 pre-trial discovery of documents: | Letter of Request may be executed subject to certain conditions (qualified exclusion). |
Information about domestic rules on the taking of evidence: | The information about national rules on the taking of evidence is stipulated in chapter 25 of the Code of Civil Procedure. |
Witness examination under Chapter I
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Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? | Yes. |
Is it a public or private hearing? | It is a public hearing unless declared confidential. |
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? | No. |
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? | No. |
Are documents produced by the witness authenticated by the court? | No. |
Is an oath generally administered to the witness? | The witness is warned about the consequences of giving false testimony. |
Can the witness be made subject to further examination and recall? | Yes. |
Are there sanctions for non-appearance of witness? | Section 266 subsection 1 of the Code of Civil Procedure stipulates, that the court may, by a ruling, impose compelled attendance by police escort on a person in the case prescribed by law if the court has warned the person that compelled attendance may be imposed.
Section 266 subsection 2 of the Estonian Code of Civil procedure stipulates, that if a witness refuses to give testimony or sign a caution without good reason, the court may impose a fine or detention of up to fourteen days on the witness. |
Must interpreters who assist with the witness examination be court-certified? | The interpreters who assist with the witness examination do not have to be court-certified. The interpreter is warned, that she/ he will be responsible for false translation. |
How is the testimony transcribed? | Minutes of the court hearing are taken. |
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners) |
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Article 15 | Applicable. |
Article 16 | Applicable. No Competent Authority has been designated. However, in practice such requests are considered by the Ministry of Justice. |
Article 17 | Applicable. No Competent Authority has been designated. However, in practice such requests are considered by the Ministry of Justice. |
Article 18 | No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion). |
Taking of evidence by video-links
(under either chapter) |
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Chapter I
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Are there legal obstacles to the use of video links? | No. |
Technology used: | No information available. |
Level of interpretation required: | No information available. |
Simultaneous or in sequence interpretation: | No information available. |
Interpretation required in which jurisdiction? | No information available. |
Who pays for the interpretation? | No information available. |
How would a request for evidence be handled if witness not willing? | No information available. |
Chapter II
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Are there legal obstacles to the use of video links? | No. |
Technology used: | No information available. |
Level of interpretation required: | No information available. |
Simultaneous or in sequence interpretation: | No information available. |
Interpretation required in which jurisdiction? | No information available. |
Who pays for the interpretation? | No information available. |
Bilateral or multilateral agreements | Bilateral conventions on judicial co-operation: Russian Federation (1993), Ukraine (1995). |
Useful links: | http://oigusabi.just.ee/tsiv/index.php?th=3&fid=3-3 (Ministry of Justice - in Estonian only) |
(This page was last updated on 22 August 2017)
This page was last updated on: