Agreement on repatriation concluded between Russia and Ukraine,

Agreement on repatriation concluded between Russia and Ukraine, on the one hand, and Poland, on the other, pursuant to Article VII of the Treaty on Preliminary Peace Conditions. (October 12, 1920).

Collection of legalizations and orders of the government for 1921. Administration of the Council of People's Commissars of the USSR M. 1944, pp. 371-383.

Article number 220.

The repatriation agreement concluded between Russia and Ukraine on the one hand and Poland on the other in pursuance of Article VII of the Treaty on Preliminary Peace Conditions. (October 12, 1920).

Pursuant to Article VII of the Treaty on Preliminary Peace Conditions of October 12, 1920, the undersigned, duly authorized representatives of the Governments of the Russian Socialist Federal Soviet Republic and the Ukrainian Socialist Soviet Republic on the one hand and the Government of the Polish Republic on the other, decide as follows:

Section I. General Provisions.

Article I.

Both contracting parties undertake, immediately upon signing this Agreement, to proceed with the earliest possible repatriation of all hostages, civilian prisoners, internees, prisoners of war, refugees and emigrants located within their territories.

Article II.

§ 1.Civil prisoners and internees are understood as follows:

1) All citizens of the other party who are in the territory of one of the contracting parties, who are being held or held in custody, under arrest or under administrative supervision, who are equally exposed or have been subjected to other judicial or administrative reprisals for political or state crimes, or crimes in favor of the other party, or if these repressions were applied, or were applied to them, in order to prevent the possibility of the above crimes.

2) All persons who are subjected to the repressions listed in paragraph 1 of this paragraph and have been recognized by the Polish authorities as Russian or Ukrainian civilian prisoners, or by the Russian or Ukrainian authorities as Polish civilian prisoners.

3) Hostages.

§ 2.Prisoners of war are combatants of the contracting parties captured by the armies of the other side on the Russian-Ukrainian-Polish front, as well as non-combatants who were part of the active armed forces and captured by the armies of the other side, as well as persons who were part of the Polish separate military units and detachments captured by the Russian-Ukrainian armies and on other fronts and disarmed and interned by the Russian and Ukrainian authorities.

§ 3.Refugees are understood as persons who until August 1, 1914 lived in the territory of one of the contracting parties and are on the territory of the other party, who left during the world war of 1914-1918, or the Russian-Ukrainian-Polish war, or civil war, occupied or threatened by the enemy areas either evicted by order of military or civilian authorities.

Former prisoners of war of the world war who until August 1, 1914 lived on the territory of one of the contracting parties and are on the territory of the other side, as well as former servicemen of the Russian-Ukrainian armies who are on the territory of the Polish Republic, if they are not taken prisoner on a regular basis, are also considered refugees. Polish army.

§ 4.Emigrants are citizens of one of the contracting parties who, before August 1, 1915, emigrated to the territory of the other party due to persecution for their political beliefs, national or religious affiliation.

Article III.

The repatriation of the above persons is voluntary and therefore coercion cannot be applied either directly or indirectly.

Article IV.

Persons intended for dispatch, upon handing over the post, must be released from service, with a warning about this at the place of service one month before the day of dispatch; in this case, the release from service must take place no later than one week before the day of dispatch.

Upon dismissal, unreported or unreported wages must be paid.

Contracts of personal tenancy, rental and rental of apartments and premises concluded by the aforementioned persons will be considered invalid, subject to a warning one month before the day of departure and without the right to claim any compensation by the opposite party in this regard.

Article V.

The Contracting Parties undertake to provide sufficient maintenance or possible earnings to all prisoners of war, civilian prisoners of war, internees and hostages in their territories and eligible for this Agreement.

Until the moment of transfer, prisoners of war are subject to the order and discipline established in the country of captivity, and the parties undertake to provide them with adequate conditions of detention and not at all divide them into groups and categories not provided for by international law and customs, in order to put them in worse conditions of detention.

Article VI.

Each of the contracting parties undertakes to reimburse those costs incurred by the other party for the maintenance of their prisoners of war, since these costs are not covered by the work of prisoners of war in public or private enterprises. The payment will be made in the currency of the state containing the prisoner of war.

The costs of maintaining a prisoner of war subject to reimbursement are made up of the value of the rations spent on him, clothing and monetary allowances.

When prisoners of war are sent, they are returned to them what was taken from them by the order of the authorities of the state that took them prisoner, their own property, and also the part of their earnings that has not yet been paid or not credited is issued.

Article VII.

The persons named in Article I of this Agreement, upon returning to their homeland, are granted the right to export their property in compliance with the following rules:

§ 1.It is allowed to take out, in addition to hand luggage, weighing no more than 8 poods for heads of families and single people, 5 poods for each family member and 2 poods for children under 10 years of age.

§ 2.Among other items in baggage, you are allowed to take out:

1) Wearing dress and underwear. Dress and shoes no more than two pieces or pairs of each item (only one fur coat) and underwear no more than six shifts per person.

2) Necessary travel items in the amount not exceeding the usual needs for the journey, such as pillows, sheets, blankets, towels, kettle, etc.

3) In the presence of persons of special professions, such as: workers, artisans, farmers, doctors, artists, scientists, etc., items necessary for their professional activity and in excess of the established weight norm are allowed for export, according to a special application in each case. ...

§ 3.Not allowed for export:

1) Printed works, acts and documents, photographs and papers of all kinds, which are not marked with a note about the examination taken place by the relevant institutions.

2) Weapons, items of military equipment and field binoculars.

3) Manufacturing, furrier, leather, haberdashery and other items intended for trade, and not for personal use.

4) Items of food in excess of 20 pounds per person, including more than 8 pounds of flour or bread, 5 pounds of meat products, 3 pounds of dairy products, and 4 pounds of other food items - including sugar over 1 pound and ¼ lb tea ...

5) Livestock and poultry.

Refugees not traveling by rail are allowed to export their own livestock and poultry, except in cases of overt speculation.

6) Cars, motorcycles, bicycles, carriages of all kinds, carts and sledges.

Refugees not traveling by rail are allowed to take out carriages, carts and sledges if they are part of their own household.

7) Raw precious metals, rimless precious stones, gold and silver coins.

8) Items of gold and platinum weighing more than 16 spools each, gold and platinum items in excess of the total weight of 16 spools per person, and items of silver exceeding 1 pound per person.

Gold and silver watches and wedding rings, silver cigarette cases and silver ladies' purses are allowed for export in the amount of one copy for each adult, and their weight is not included in the norm established by this paragraph.

9) Articles made of precious stones (diamonds, diamonds, sapphires, emeralds, rubies), the total weight of which exceeds one carat. The same goes for pearls.

10) All kinds of machines and parts of machines, physical apparatus, surgical instruments and musical instruments, except those listed in paragraph 3 § 2 of this article.

Sewing machines are allowed for export, one per family.

11) Tobacco products (over 500 cigarettes or ½ pound of tobacco for every adult over 18).

12) Soap, over and above one piece of toilette for each person and 1 pound of regular for a family.

13) Paper money of any issue over 20,000 rubles from Russia and Ukraine and 40,000 Polish marks from Poland - for each person.

The export of an amount in excess of the norm established in this paragraph is allowed only with special permission.

14) Foreign currency, without special permission.

15) Russian interest-bearing, dividend and bond securities, including those issued by joint-stock and other companies operating within Russia and Ukraine. These papers can only be exported with a special permit. Likewise, bills of exchange, transport receipts and warrant certificates can be exported by special permission.

16) Objects of artistic and antique significance, the admission of which will not be subject to special permission.

Article VIII.

The property, which, on the basis of the legal provisions and rules in force in the sending state, is the property of the persons listed in Article I of this Agreement, can be them, within the limits of the above legal provisions and rules, be liquidated or abandoned without hindrance.

With regard to the subsequent liquidation or transfer to their homeland of the abandoned property referred to in the first paragraph of this article, persons renamed in Article I of this Agreement, who are citizens of the state to which they left, will enjoy the same rights that the Peace Treaty will recognize as optants.

Article IX.

Persons departing under this Agreement and the baggage they carry are exempt from all taxes and duties associated with departure.

Section II. Mixed commissions.

Article X.

To monitor and facilitate the implementation of this Agreement, accelerate repatriation and facilitate the organization of such, as well as protect the interests of the persons listed in Article I of this Agreement and provide assistance to them, two Mixed Commissions are established: one in Moscow - for the Russian Socialist Federative Soviet Republic and the Ukrainian The Socialist Soviet Republic and another in Warsaw for the Polish Republic.

Each Mixed Commission consists of two Delegations appointed by the respective Governments.

Each Delegation consists of three members and two alternates, as well as the necessary support staff of not more than 30 persons.

The personnel of each Delegation or support staff will be communicated in advance to the other party; if no objections are received within ten days from the date of the message, then this composition is considered accepted.

Mixed Commissions must be formed no later than one month from the date of signing this Agreement.

Article XI.

The Mixed Commissions are given the right to delegate part of their composition and persons of auxiliary personnel to work in other areas, and in this case, the delegated persons act as commissioners of the Mixed Commission and they are given the right to freely communicate with the Mixed Commission and with their Delegation.

Article XII.

The terms of reference of the Mixed Commissions include:

1) Development of instructions for the Joint Commission on the basis of this Agreement.

2) Clarification of the number, location and origin of persons named in Article I of this Agreement, subject to repatriation, as well as monitoring the registration of such.

3) Clarification of accurate and complete lists of the deceased from among the persons listed in Article I of this Agreement, as well as taking measures to establish the identity of the deceased from among the named categories.

4) Monitoring and control over the correct implementation of this Agreement.

5) Care and provision, as necessary, of all types of material assistance to the persons listed in Article I of this Agreement, as well as protection of the interests of these persons within the limits of this Agreement.

6) Visits to camps, prisons, hospitals and other locations of persons listed in Article I of this Agreement.

7) Promoting and monitoring the correct organization and orderly progress of repatriation, as well as the development of appropriate technical measures.

8) Consideration, permission or referral of applications and proposals submitted by each of the Delegations to the Mixed Commission.

9) The right of direct appeal to the Government and to the central authorities of the state in which the Commission operates on issues of noticed shortcomings and irregularities in the implementation of this Agreement.

10) Direct submission to the relevant central institutions of the lists of persons subject to repatriation, as well as the correction and addition of these lists.

11) Publication of official messages on the issues of repatriation, and these messages must be published in the press signed by the chairmen of both Delegations and sent to the locations of the persons subject to repatriation.

12) Mediation in the forwarding of ordinary and monetary correspondence sent from the homeland to the names of the persons listed in Article I of this Agreement, as well as in the forwarding of ordinary and monetary correspondence of these persons to their homeland, in either case within the limits of the applicable statutes and regulations.

13) Receiving and forwarding to persons who left on the basis of this Agreement extracts from metric and civil status books, as well as all kinds of personal documents.

14) Provision and issuance of information inquiries on cases within the competence of the Joint Commission, as well as consideration of applications and complaints received on issues of return to their homeland.

15) Determination of the actual costs incurred by the parties for the maintenance of prisoners of war and ascertaining the actual size of the wages due to the prisoners of war for the work they performed during the capture, as well as the wages they did not receive or did not receive, in accordance with Article VI of this Agreement.

16) Consideration of all other cases related to the implementation of this Agreement, not provided for in the previous paragraphs.

Article XIII.

The Contracting Parties undertake to make available to the Mixed Commissions all materials and necessary means that may facilitate their task, as well as to allow the Mixed Commissions, or their authorized representatives, access to camps, prisons, hospitals and other places where persons subject to repatriation are located.

Likewise, the contracting parties undertake to ensure the prompt possible assistance in the implementation of this Agreement by their state and public institutions and self-government bodies.

Article XIV.

The Contracting Parties undertake to make available to the Mixed Commissions, as quickly as possible, accurate information on prisoners of war, civilian prisoners of war and internees within their territories, as well as hostages, where such exist.

Article XV.

The contracting parties shall guarantee the rights of diplomatic immunity to members of delegations of the other side in the Mixed Commissions and their substitutes.

Likewise, the designated members of Delegations, their deputies and all support personnel are guaranteed the personal safety and security of essential personal and business property.

Article XVI.

The delegations of the other side in the Mixed Commissions are granted the right of constant and unhindered communication with their Governments through the Hughes apparatus, by radio, by diplomatic couriers, and also by letters or telegraphs.

Likewise, these Delegations are granted the right to use the code and their official seal, and all letters and parcels sealed with this seal, as well as letters and parcels of the respective Governments to their Delegations, are not subject to opening or censorship.

Article XVII.

The terms of reference of the other Party's Delegations to the Mixed Commissions include:

1) The right to certify (apply a visa) lists of persons sent under this Agreement to their states.

2) Care and provision, as necessary, of all types of material assistance to the persons listed in Article I of this Agreement, protection of their interests within this Agreement, as well as the guidance and issuance of relevant information inquiries.

Article XVIII.

Delegations of the other party in the Mixed Commissions are granted the right to purchase, in compliance with applicable laws and regulations in the territory of the country within which the Commission operates, or to deliver food, clothing, medicines, etc. meeting the needs of the persons listed in Article I of this Agreement.

Each of the contracting parties shall provide the necessary means of transport for the carriage of the above items within its territory.

The aforementioned items, purchased or imported in any case, neither before nor after distribution, are subject to neither confiscation nor requisition and are exempt from any taxes, customs, import, freight, etc. duties.

For the storage of these items, the indicated Delegations are given the right to receive, in case of need, premises for warehouses.

Article XIX.

Delegations of the other side to the Mixed Commissions and support personnel are provided by the respective Governments at fixed prices with adequate office and housing premises, as well as fuel and lighting.

Article XX.

Any statements, letters and documents sent to the Mixed Commissions or Delegations, or proceeding from such, are exempt from stamp and any other tax.

Section III. Organization of repatriation.

Article XXI.

The registration of the persons subject to repatriation listed in Article I of this Agreement and the compilation of the echelon lists shall be carried out by the relevant institutions of the sending state.

The aforementioned persons are granted the right to freely address the Mixed Commission and the Delegation of their Government, as well as post and telegraph communications with them on a general state basis.

Article XXII.

Lists of dispatched persons must be compiled separately for each category of persons listed in Article I of this Agreement, and include the following data:

1) Last name, first name and patronymic.

2) Age.

3) Nationality.

4) Religion.

5) Marital status.

6) Current place of actual residence.

7) Permanent residence at home, indicating the province, county, parish (gmina), village or city.

8) Lesson.

9) List of documents justifying the right to repatriation.

10) Note.

The lists of prisoners of war must include the following information:

1) Last name, first name and patronymic.

2) Age.

3) Place of birth or permanent residence at home.

4) Time and place of capture.

5) The unit in which the prisoner of war served.

6) Rank, military rank or position.

7) The last place of stay in captivity.

8) Was he convicted during his captivity for criminal offenses, exactly for what and when.

9) Health status.

10) Note.

Article XXIII.

Lists of persons sent by the authorities of the sending state are transferred to the Mixed Commission, from where they are sent in duplicate to the Delegation of the other party for certification (imposition of a visa).

The attested lists must be returned by the said Delegation no later than twenty days from the date of their receipt.

Failure to return the lists within this period shall be deemed as consent to the acceptance of the persons listed therein.

Delegations are given the right not to accept individuals from among those named in the lists and not to certify the admission of such to the territory of their state, since the designated persons do not fit into the categories established by Article I of this Agreement, however, all such cases must be brought to the attention of the Mixed Commission.

Persons by whom the Delegation has denied a pass may be re-included in the lists sent on the proposal of the said Delegation.

Article XXIV.

Persons returning on the basis of this Agreement are given the right to take their families with them in the manner of joint departure, and as part of the families they can be taken out: the wife, if she actually leads a life with her husband, children, mother and disabled father, grandchildren, pets and pupils, and also household members, since they share a common household with the family's returning breadwinner.

Article XXV.

When repatriating refugees and emigrants, first of all, persons who are unable to work, who cannot do without outside help, the sick, the disabled, the elderly, single women and children, persons who are in state care, as well as persons whose family members are in the territory should be sent, if possible. the other side.

With the observance of these conditions, repatriation begins from the areas most unfavorable for the repatriated in food, housing and other household relations.

Article XXVI.

Civil prisoners, internees and hostages should be returned among the first transports.

Article XXVII.

The dispatch of transports with prisoners of war will begin before the formation of the Mixed Commissions and in any case no later than 10 days from the date of the signing of this Agreement.

The dispatch of transports with other categories subject to repatriation will begin as soon as possible after the formation of the Mixed Commissions, but no later than two weeks from the date of their formation.

The Contracting Parties undertake to bring at least 4,000 people to the transfer points every week.

Article XXVIII.

All prisoners of war, both soldiers and commanders, commissars and officers, are subject to exchange on the principle of all for all.

The number of prisoners of war returned to their homeland should not be less than 1,500 prisoners of war per week, and the total number of repatriated all categories, 4,000 people per week, can in no case be reduced until all categories of repatriated are exhausted, and, in the event of the exhaustion of other categories, must consist entirely of prisoners of war.

First of all, prisoners of war, sick and disabled, and those groups and categories of prisoners of war who are in the country of captivity in the worst conditions of detention should be sent.

Article XXIX.

The transfer points are: Koydanovo-Stolbtsy stations on the Minsk-Baranovichi railway line and Zdolbunovo station for both sides on the Shepetovka-Rovno railway line.

On both sides of the transfer points should be equipped at the expense of the respective Governments, barracks and sanitary-feeding points.

In the future, the transfer points can be changed and new ones installed.

Article XXX.

Sending to transfer points is carried out in echelons or separate wagons, but not in a single order.

Delivery to the points of departure of trains or wagons, depending on local conditions, is carried out, if possible, also in groups and singly.

The carriage of people and their luggage in all these cases within its territory shall be taken by each of the contracting parties at its own expense, equally providing adequate sanitary care and sufficient food on the way.

Article XXXI.

Transportation in the cold season is carried out in heated wagons, and for the sick and weak, regardless of the season, if possible, in ambulance trains.

Patients with acutely infectious diseases cannot be placed in transports and must be sent only after recovery.

Article XXXII.

When transferring the transports, the representative of the sending state hands over to the representative of the receiving state a list of persons in the transport, drawn up in accordance with Article XXII of this Agreement, to the representative of the receiving state.

If the transport is sent with lists not certified by the Delegation of the receiving state, the aforementioned Delegation, in accordance with Article XXIII of this Agreement, undertakes to promptly inform its border authorities about the passage of such transport. In this case, an appropriate note shall be made on the accompanying lists by the Chairperson of the Delegation of the sending State.

Section IV. Final provisions.

Article XXXIII.

The Red Cross Societies and the representatives of those who currently provide assistance and care to the persons listed in Article I of this Agreement shall retain their powers until the start of the work of the Mixed Commissions, and with their assistance, until the formation of the Mixed Commissions, repatriation is also carried out.

Article XXXIV.

Both contracting parties undertake, immediately after the signing of this Agreement, to issue appropriate orders to suspend judicial, administrative, disciplinary and any other prosecutions against civil prisoners, internees, hostages, refugees, emigrants and prisoners of war, as well as to immediately suspend the enforcement of the punishments imposed on these persons in any order.

The suspension of the enforcement of punishments may not result in release from prison, but in this case such persons must be immediately extradited to the authorities of their state with all the paperwork.

However, if this person declares his unwillingness to return to his homeland, or if the domestic authorities refuse to accept him, then such a person may be re-imprisoned.

Article XXXV.

The contracting parties agree that all issues related to the repatriation of persons listed in Article I of this Agreement shall be resolved on the basis of this Agreement, since there will be no other provisions in the Peace Treaty.

Article XXXVI.

This Agreement by both contracting parties shall be brought to the attention of the public within two weeks from the date of its signing.

Article XXXVII.

This Agreement is drawn up in Russian, Ukrainian and Polish in triplicate.

When interpreted, all three texts are considered authentic.

Article XXXVIII.

This Agreement, as concluded for the purpose of implementing Article VII of the ratified treaty on preliminary conditions for peace of October 12, 1920, is not subject to ratification and shall enter into force from the moment of its signing.

In witness whereof the authorized representatives of both parties have personally signed this Agreement.

Riga, February twenty-fourth day one thousand nine hundred and twenty-one.

(-)  A. Ioffe

(-)  I . Ganetsky

(-)  E. Quiring

(-)  Obolensky

(-)  Jan Dabski

(-)  Stanislaw Kauzik

(-)  Edward Lechowicz

(-)  Henryk Strasburger

(-)  Leon Wasilewski

Additional Protocol to the Repatriation Agreement.

In addition to the Repatriation Agreement signed this date, the contracting parties have agreed as follows:

§ 1.The parties recognize it expedient and agree to carry out, in addition to mass repatriation, also a personal exchange of persons who express their consent to this and in whose extradition the parties are especially interested. These persons will be sent out of turn and regardless of whether they are citizens of the state requiring their extradition.

The organization of the individual return is the responsibility of the Mixed Commissions. The exchange is carried out according to the lists, by mutual agreement of the parties each time in the Mixed Commissions.

The Parties undertake not to pose any obstacles to the Mixed Commissions and Delegations in obtaining the information necessary for the compilation of the lists and will render them all assistance, while granting all the rights recognized for the Mixed Commissions and Delegations by the Repatriation Agreement.

§ 2. Refugees in the sense of Article II § 3 of the Repatriation Agreement will in no case be considered persons who during the tsarist regime solely on the basis of their official position (military personnel, civilian military officials) resided in the territory of the Republic of Poland.

§ 3. The return home of the persons listed in the Repatriation Agreement will not depend on the exercise or non-exercise of their right of option.

§ 4. This protocol forms an integral part of the Repatriation Agreement.

IN WITNESS WHEREOF, the plenipotentiaries of both parties have signed this additional protocol in their own hand.

Riga, February 24 days, 1921.

(-)  A. Ioffe

(-)  I . Ganetsky

(-)  E. Quiring

(-)  Obolensky

(-)  Jan Dabski

(-)  Stanislaw Kauzik

(-)  Edward Lechowicz

(-)  Henryk Strasburger

(-)  Leon Wasilewski