First Reading of the Draft Law on the Denunciation of the Agreement between the Republic of Estonia and the Russian Federation on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters (362 SE)

Session: 15th Riigikogu, 3rd session, plenary session

Date: 2024-02-21 17:48

Total Speeches: 26

Membership: 15

Agenda Duration: 38m

AI Summaries: 26/26 Speeches (100.0%)

Analysis: Structured Analysis

Politicians Speaking Time

Politicians

Analysis

Summary

The Riigikogu debated the first reading of the draft law on the denunciation of the Treaty on Legal Assistance and Legal Relations between the Republic of Estonia and the Russian Federation. Minister of Justice Kalle Laanet explained that the termination of the treaty stems from Russia’s aggression against Ukraine and the resulting lack of confidence in the Russian legal system. The Minister stressed that the prerequisite for a legal assistance treaty is mutual trust, which is absent in the current situation.

During the debate, several practical questions were raised concerning the impact of the treaty's termination on Estonian citizens. Specific concerns were raised regarding potential difficulties in family matters, inheritance issues, and the enforcement of maintenance payments. The Minister affirmed that cooperation would continue under international conventions, including the Hague Conventions, although this process might be slower and more complex. It was emphasized that alternative mechanisms are available, and denouncing the treaty sends a clear message that standard legal cooperation cannot continue with an aggressor state.

Decisions Made 1
Valdo Randpere
Valdo Randpere Eesti Reformierakonna fraktsioon

The Legal Affairs Committee adopted three decisions: to include the draft bill on the plenary session agenda for February 21st, to conclude the first reading, and to appoint Valdo Randpere as the representative of the lead committee. All decisions were unanimous.

Most Active Speaker
Valdo Randpere
Valdo Randpere

Eesti Reformierakonna fraktsioon

The most active speaker was Valdo Randpere (Reform Party), who addressed the body both as a representative of the Legal Affairs Committee and on behalf of his faction. He provided an overview of the committee’s work, shared recollections from the Munich Security Conference, and clarified the committee’s decisions. Randpere adopted a clearly supportive position concerning the denunciation of the treaty.

Aseesimees Toomas Kivimägi
17:48:34
AI Summary

Toomas Kivimägi then announced the first reading of Draft Act 362, concerning the denunciation of the treaty between the Republic of Estonia and the Russian Federation on legal assistance and legal relations in civil, family, and criminal matters, and invited Minister of Justice Kalle Laanet to the Riigikogu podium to deliver the report.

Justiitsminister Kalle Laanet
17:49:02
AI Summary

Justice Minister Kalle Laanet announced Estonia’s plan to denounce the legal assistance treaty under Article 62 of the Vienna Convention, citing the Russian Federation’s aggression against Ukraine. He noted that while this move affects some simplified procedures, cooperation regarding the service of documents and the collection of evidence will continue under the Hague Conventions, emphasizing that the protection of Estonia’s sovereignty and security remains the priority.

Aseesimees Toomas Kivimägi
17:53:03
AI Summary

Deputy Chairman Toomas Kivimägi thanked the minister and asked Eduard Odinets to pose one question.

Eduard Odinets
17:53:06
AI Summary

Eduard Odinets asks the minister to elaborate on whether mechanisms exist to assist our residents in dealing with Russian authorities regarding family law, child support, and child-related matters, given that this treaty allowed affairs with Russia to be handled significantly more easily for 30 years than with other countries, and whether there is any hope for Russia to adhere to the Hague Conventions.

Justiitsminister Kalle Laanet
17:54:07
AI Summary

Justice Minister Kalle Laanet stated that Russia’s aggression in Ukraine has changed the entire world, increasing national defense expenditures, severely disrupting relations between countries, and impacting the number of requests filed under the legal assistance treaty. He added that until the aggression ceases and the responsible leaders are held accountable, he sees no prospect for legally binding agreements or relations between Estonia and Russia.

Eduard Odinets
17:56:13
AI Summary

Eduard Odinets pointed out the danger that, due to delays in legal assistance or its absence, the documents for citizenship by birth presented to us might be false or insufficiently verified, and a massive number of people claiming to be citizens by birth could arrive at the border.

Aseesimees Toomas Kivimägi
17:56:13
AI Summary

Deputy Chairman Toomas Kivimägi asks Eduard Odinets to pose the second question.

Justiitsminister Kalle Laanet
17:57:17
AI Summary

Justice Minister Kalle Laanet stated that while Russia may launch migration and hybrid attacks, the primary issue is the lack of trust in their legal system, meaning requests for legal assistance cannot be processed reliably.

Aseesimees Toomas Kivimägi
17:58:32
AI Summary

Deputy Speaker Toomas Kivimägi invited Varro Vooglaid to speak.

Varro Vooglaid
Varro Vooglaid
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
17:58:34
AI Summary

Vooglaid notes that terminating the agreement would not create practical problems for Estonia, and alternative mechanisms are available. He then asks whether it would be more sensible to suspend the agreement rather than denounce it, given that re-establishing it would require even greater effort.

Justiitsminister Kalle Laanet
17:59:35
AI Summary

The presentation emphasized that based on international conventions, it is possible to obtain answers to inquiries and legal assistance, that Interpol databases and Interpol itself intervene in criminal cases, and that the trust between the two countries under the legal assistance treaty has diminished. This decrease is illustrated by the 2005 extension of the Russian legal assistance treaty and the 2008 attack on Georgia.

Aseesimees Toomas Kivimägi
18:01:07
AI Summary

Deputy Chairman Toomas Kivimägi calls upon Tanel Kiik to speak.

Tanel Kiik
Tanel Kiik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
18:01:08
AI Summary

Tanel Kiik agrees with the Minister of Justice that treaties with Russia amount to self-deception, but asks what risks might arise for Estonian residents and how those risks will be mitigated.

Justiitsminister Kalle Laanet
18:02:04
AI Summary

Minister of Justice Kalle Laanet said that the value of the agreement was trust, but that trust is gone, and without the good-faith cooperation of both sides and the will to implement the purpose of the agreement, it guarantees nothing; the risks are time-limited.

Andre Hanimägi
Andre Hanimägi
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
18:03:09
AI Summary

Andre Hanimägi points out that while cooperation agreements with Russia are the right direction, they pose risks in the current situation. He also asks how much substantive cooperation has actually taken place over the past two years and whether Russia is prepared to utilize the agreement in good faith.

Aseesimees Toomas Kivimägi
18:03:09
AI Summary

Deputy Chairman Toomas Kivimägi invited Andre Hanimägi to take the floor.

Justiitsminister Kalle Laanet
18:04:20
AI Summary

Minister of Justice Kalle Laanet said that statistical data on the number of legal aid applications for 2023 is missing. In 2022, a total of 240 applications were mediated under the legal aid agreement (concerning the determination of guardianship, employment data, citizenship, clarification of legal information, and the recognition of court decisions), and the willingness or speed of reaction regarding the Russian side's intent cannot be stated with certainty right now, but these are the facts he is currently taking into account.

Aseesimees Toomas Kivimägi
18:05:30
AI Summary

Vice-Chairman Toomas Kivimägi thanked the Minister, announced that there were no further questions, and stated that we now have the great honor and opportunity to hear the address by Valdo Randpere, a member of the Legal Affairs Committee.

Valdo Randpere
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioon
18:05:44
AI Summary

Valdo Randpere stressed the importance of discussing the potential consequences of denouncing the treaty with Russia, specifically within the context of maintaining credibility, and subsequently reached a consensus decision: the draft resolution will be placed on the plenary session's agenda for February 21st, and he will be designated as the representative for the lead committee.

Aseesimees Toomas Kivimägi
18:11:36
AI Summary

Toomas Kivimägi gave thanks, announced the quote of the day—"Someone spoke—I spoke myself"—opened the discussions, and on behalf of the Eesti 200 faction, invited Peeter Tali to speak, granting him three additional minutes.

Peeter Tali
Peeter Tali
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmed
18:12:01
AI Summary

Peeter Tali asserts that Russia is an authoritarian state, which is neither a democracy nor a rule of law state, and violates international agreements (including the Budapest Memorandum). Consequently, Estonia must not trust documents originating from Russia and should, if necessary, denounce treaties.

Aseesimees Toomas Kivimägi
18:18:21
AI Summary

The Deputy Speaker expressed thanks and granted Eduard Odinets an additional three minutes for his address, on behalf of the Social Democratic Party faction.

Eduard Odinets
18:18:29
AI Summary

Eduard Odinets stated that the Social Democrats support denouncing the agreement on legal assistance and legal relations between Estonia and Russia, but they stressed that Russia’s aggression means there is no trust. Terminating the treaty presents various practical challenges for our citizens, businesses, and the legal system—ranging from the exchange of documents and access to free legal aid, to the recognition and enforcement of court decisions and the securing of maintenance payments—meaning new mechanisms that function for everyone must be established.

Aseesimees Toomas Kivimägi
18:24:08
AI Summary

Toomas Kivimägi thanks and introduces Valdo Randpere on behalf of the Reform Party faction.

Valdo Randpere
Valdo Randpere
Profiling Eesti Reformierakonna fraktsioon
18:24:23
AI Summary

Valdo Randpere emphasized that Estonia must terminate legal cooperation with Russia because Russia continues a full-scale war in Ukraine and its legal system is unreliable, and that Ukraine must be helped more. The Reform Party has submitted this draft bill, and Randpere supports it.

Aseesimees Toomas Kivimägi
18:26:57
AI Summary

Thank you very much. I close the debate: the lead committee's proposal is to conclude the first reading of Draft Law 362. The first reading is concluded. The deadline for submitting amendments is March 6th of this year at 5:15 PM, and the consideration of the fifth agenda item is concluded.