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DECISION OF THE SUPREME EURASIAN ECONOMIC COUNCIL

of May 14, 2018 No. 10

About payment procedure of services of experts of the specialized groups created by Court of the Eurasian Economic Union

According to Item 94 of the Statute of Court of the Eurasian Economic Union (appendix No. 2 to the Agreement on the Eurasian Economic Union of May 29, 2014) the Supreme Eurasian economic council solved:

1. Approve the enclosed Payment procedure of services of experts of the specialized groups created by Court of the Eurasian Economic Union.

2. Determine that:

a) within consideration of disputes which subject are questions of application of special protective, anti-dumping and countervailing measures, provision of industrial subsidies, measures of the state support of agricultural industry, remuneration in the amount of 250 thousand Russian rubles is paid to the expert of the specialized group created by Court of the Eurasian Economic Union for preparation of the conclusion on specific dispute (further respectively – Court, the Union) (further respectively – the expert, remuneration);

b) remuneration is not paid to the expert who is person to whom such remuneration cannot be paid in connection with its main work (service) according to the restrictions set by the legislation of the state – the member of the Union (further – state member) which citizen is the expert;

c) fee of experts of the specialized groups created by Court within consideration of disputes which subject are questions of application of special protective, anti-dumping and countervailing measures is performed at the expense of means of the applicant;

d) fee of experts of the specialized groups created by Court within consideration of disputes which subject are questions of provision of industrial subsidies, measures of the state support of agricultural industry is performed by budget funds of the Union;

e) the expenses specified in the subitem "g" of this Item are compensated:

the state member which is the defendant – in case of establishment by Court of the fact of non-compliance with the Agreement on the Eurasian Economic Union of May 29, 2014 (further – the Agreement), international treaties within the Union and (or) decisions of bodies of the Union, and also separate provisions of the specified international treaties and (or) decisions;

the state member which is the claimant – in case of establishment by Court of the fact of observance of the Agreement, international treaties within the Union and (or) decisions of bodies of the Union, and also separate provisions of the specified international treaties and (or) decisions;

the state member which is the claimant – in case of suit abatement if other is not determined in the voluntary settlement of the parties of dispute.

3. To state members:

a) determine if necessary national mechanisms of compensation of funds for fee of experts of the specialized groups created by Court within consideration of disputes which subject are questions of provision of industrial subsidies, measures of the state support of agricultural industry;

b) annually in case of the direction of lists of experts of specialized groups according to requirements of Item 86 of the Statute of Court of the Eurasian Economic Union (appendix No. 2 to the Agreement) to provide to Court information on experts to whom remuneration cannot be paid in connection with their main work (service) according to the restrictions set by the legislation of state member which citizen is the expert.

4. Recognize invalid:

The decision of the Supreme Eurasian economic council of December 23, 2014 No. 102 "About payment procedure of services of experts of the specialized groups created by Court of the Eurasian Economic Union within consideration of disputes which subject are questions of application of special protective, anti-dumping and countervailing measures";

The decision of the Supreme Eurasian economic council of December 26, 2016 No. 29 "About fee of experts of the specialized groups created by Court of the Eurasian Economic Union within consideration of disputes which subject are questions of provision of industrial subsidies, measures of the state support of agricultural industry".

5. This Decision becomes effective from the date of its official publication.

Members of the Supreme Eurasian economic council:

From the Republic of Armenia

From the Republic of Belarus

From the Republic of Kazakhstan

From the Kyrgyz Republic

From the Russian Federation

Approved by the Decision of the Supreme Eurasian economic council of May 14, 2018, No. 10

Payment procedure of services of experts of the specialized groups created by Court of the Eurasian Economic Union

I. General provisions

1. This Procedure establishes rules of fee of experts of the specialized groups created by Court of the Eurasian Economic Union (further respectively – Court, the Union) within consideration of disputes which subject are questions of application of special protective, anti-dumping and countervailing measures, provisions of industrial subsidies, measures of the state support of agricultural industry (further – experts).

2. Fee of experts includes:

a) payment to experts of remuneration for preparation of the conclusion for specific dispute;

b) acquisition for experts of travel documents for journey to Minsk (Republic of Belarus) from the place of permanent residence and back (further – travel documents), and also payment of hiring of premises in Minsk for acquaintance with the documents necessary for preparation of the conclusion, and participation in judicial sessions;

c) commission amounts of the remunerations levied for money transfer according to the amount of such remunerations established by the bank institution servicing Court.

3. After pronouncement by Court of the resolution on creation of specialized group within the specific dispute the Secretariat of Court within 5 working days performs preparation of expense budget on ensuring activities of experts (further – expense budget).

4. The expense budget provides expenses on:

a) remuneration payment to experts;

b) acquisition of travel documents (at the rate of at least 3 trips there and back on each expert) on the following regulations:

air transport – on rate of economy class;

by rail – fares in the car of the increased comfort carried to the car of economy class (compartment car of economy class) are not higher;

c) employment of premises (at the rate of at least 15 calendar days) – at the cost of the 1-roomed (1-seater) hotel accommodation of category "4 stars" in Minsk;

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