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DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of March 31, 1994 No. 01/94

About interpretation on the issue of application of provisions, agreements and other acts of the Commonwealth

Economic Court of the Commonwealth of Independent States as a part of the chairman Dashuk L. A. and judges Abdrakhmanov S. S., Bereziya A. E., having reviewed in proceeding in open court request of the Executive Secretariat of the Commonwealth of Independent States about what states and since what time are members of the Commonwealth of Independent States, and, having heard the judge-speaker Bereziya A. E., established:

According to the Agreement of December 8, 1991 about creation of the Commonwealth of Independent States signed by the Republic of Belarus, the Russian Federation and Ukraine, and the Protocol to this Agreement of December 21, 1991 which is component of the Agreement of the December 8, 1991 signed by the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, Ukraine, all above-mentioned states formed the Commonwealth of Independent States. This agreement is open for accession of all states (the republics of the former USSR and other countries) without any coordination of the procedure of acceptance to the Commonwealth of Independent States and are members of the Commonwealth of Independent States from the moment of ratification of the Agreement of December 8, 1991 about creation of the Commonwealth of Independent States and the Protocol to it of December 21, 1991.

For acquisition of legal status "participant Sodruzhestva" it was necessary to observe certain processes of law according to the constitutional regulations of the states which signed the Agreement of December 8, 1991 about creation of the Commonwealth of Independent States and the Protocol to it of December 21, 1991.

According to the data obtained from the State Parties of the Agreement on creation of the Commonwealth of Independent States, and also from the country depositary of this Agreement for March 31, 1994 the Agreement on creation of the Commonwealth of Independent States of December 8, 1991 and the Protocol to it of December 21, 1991 was ratified: Republic of Armenia (on February 18, 1992), Republic of Belarus (on December 10, 1991), Republic of Kazakhstan (on December 23, 1991), Kyrgyz Republic (on March 6, 1992), Russian Federation (on December 12, 1991), Republic of Tajikistan (on December 25, 1991), Republic of Uzbekistan (on January 4, 1992), Turkmenistan (on December 26, 1991) and Ukraine (on December 10, 1991).

Based on decisions of heads of the State Parties of the Commonwealth of Independent States entered the Commonwealth of Independent States the Azerbaijan Republic - on September 24, 1993, the Republic Georgia - on December 3, 1993 and, according to Court, became the State Parties of the Commonwealth.

The court notes that specific place is held by the Republic of Moldova which signed the Agreement of December 8, 1991 about formation of the Commonwealth of Independent States and the Protocol to it of December 21, 1991, however at the time of pronouncement of this decision not ratifying these documents. By the decision of Council of heads of states of December 24, 1993 the Republic of Moldova is granted delay till April 22, 1994. Before the expiration of the specified term the Republic of Moldova can use the opportunity for ratification of constituent documents of the Commonwealth given it and acquire participant status of the Commonwealth of Independent States.

Based on stated and on content of the reviewed request, being guided by Item 5 of the Regulations on Economic Court of the Commonwealth of Independent States, the Court solved:

Consider members of the Commonwealth of Independent States:

The Azerbaijan Republic since September 24, 1993;

The Republic of Armenia since February 18, 1992;

The Republic of Belarus since December 10, 1991;

The republic Georgia since December 3, 1993;

The Republic of Kazakhstan since December 23, 1991;

The Kyrgyz Republic since March 6, 1992;

The Russian Federation since December 12, 1991;

The Republic of Tajikistan since December 25, 1991;

Turkmenistan since December 26, 1991;

The Republic of Uzbekistan since January 4, 1992;

Ukraine since December 10, 1991.

The decision is subject to the direction in the Executive Secretariat of the Commonwealth of Independent States, and also to all states which signed the Protocol of December 21, 1992 to the Agreement of December 8, 1991 about creation of the Commonwealth of Independent States.

The decision can be appealed from the moment of receipt of its copy by the Plenum of Economic Court of the Commonwealth of Independent States in a month.

 

Chairman

Dashuk L. A.

Judges

Abdrakhmanov S. S. Berezy A. E.

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