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DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of February 7, 1996 No. 10/95/C-1/3-96

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court Dashuk L. A.,

judges of Economic Court of Abdrakhmanov S. S., Apostle D.D., Begaliyev M. A., Bekenova R. A., Vylkova I. K., Kerimbayeva A. Sh., Makhmudova L. Sh., Miroshnik V. I., Simonyana G. V., Tolibova X.,

in case of Madudina T. I. secretary.,

with participation:

General adviser of Economic Court Lazarenkov E. V.,

having considered case on request of the Supreme Arbitration Court of the Republic of Kazakhstan on interpretation in proceeding in open court,

established:

In request the Supreme Arbitration Court of the Republic of Kazakhstan asks to make explanation according to the procedure of interpretation of the Agreement on the amount of the state tax and procedure for its collection by consideration of economic disputes between subjects of managing of the different states of December 24, 1993, namely:

1. Whether the requirement of national banks of the State Parties of the Commonwealth about payment in it for converting of national currency in case of payment of the national duty and collection of sums of money according to decisions of arbitral authorities of the State Parties of the Commonwealth as these costs are not carried by the specified Agreement to legal costs is lawful?

2. In case of collection of sums of money according to decisions of arbitral authorities of the State Parties of the Commonwealth and their converting there are questions on what rate converting of the collected amount shall be carried out: at the time of emergence of debt or at the time of decision about collection of the amount, or at the time of execution of the decision. The national currency rates change, the procedure for execution of decisions on disputes of the State Parties of the CIS is not regulated by interstate agreements.

Having heard the judge-speaker Apostle D.D., having researched the materials collected on case relating to being of request, having analyzed the conclusion of the General adviser of Economic Court Lazarenkov E. V., the Economic Court came to the following conclusions.

The questions raised in request are generally settled by article 3 of the Agreement on the amount of the state tax and procedure for its collection by consideration of economic disputes between subjects of managing of the different states which became effective since December 24, 1993.

Article 3 of this Agreement establishes procedure for collection of the national duty in judicial arbitral authorities of the State Parties of the Commonwealth: in case of payment of the national duty the single cash equivalent establishes ruble; rate of recalculation of national currencies to ruble rates of national banks of the State Parties of the CIS are recognized; payment of the national duty is made in national currency of the state of finding of court or in rubles of the Russian Federation with recalculation on the national currency rates determined by national banks of the State Parties of the Commonwealth of Independent States.

The part three of article 3 of the mentioned Agreement provides the single obligation of national banks of the State Parties of the Commonwealth - to provide free payment of the national duty and collection of sums of money according to decisions of arbitral authorities of the State Parties of the Commonwealth of Independent States.

The agreement (Article 2) establishes also the national duty size which is equal to 10 percent from sum in dispute in claim currency. Other obligatory payments connected with the appeal to judicial arbitral authorities of the State Parties of the Commonwealth, the Agreement does not provide.

Thus, the Agreement on the amount of the state tax and procedure for its collection by consideration of economic disputes between subjects of managing of the different states of December 24, 1993 for business entities of the CIS establishes obligation of payment in case of the appeal to judicial arbitral authorities of the State Parties of the Commonwealth of Independent States of the state fee which procedure for determination (percentage of sum in dispute in claim currency) does not consider the claimant's expenses on converting of national currency in rubles of the Russian Federation (other currency of the State Parties of the Agreement).

Agreement parties did not assume liabilities (did not oblige national (central) banks of Agreement parties), in case of need, gratuitously to make converting of means (the national duty amounts, and also collected according to decisions of judicial arbitral authorities) in national currencies in rubles of the Russian Federation (in national currencies of the states of finding of the judicial arbitral authorities considering disputes).

Therefore, the requirement of banks of the State Parties of the Commonwealth about fee connected with converting of national currencies in case of payment of the national duty and collection of sums of money according to decisions of judicial arbitral authorities of the State Parties of the Commonwealth does not contradict the Agreement on the amount of the state tax and procedure for its collection by consideration of economic disputes between subjects of managing of the different states of December 24, 1993.

This conclusion is confirmed with the national legal system and banking activity of the State Parties of the CIS. So, according to article 12 of the Law of the Republic of Belarus "About banks and banking activity in the Republic of Belarus" of December 14, 1990 (Sheets of the Supreme Council of BSSR, 1990, N 2, of the Art. 15), the relations of banks with clients are under construction on contractual basis therefore if other is not provided by international treaties in which the Republic of Belarus participates, banks of the Republic of Belarus have right to demand from the clients of fee connected with currency conversion. By the above-mentioned law it is established also (article 23 part 5) that banks according to executive documents of courts on collection from debtors of the amounts in currency of other states at the expense of the money of debtors which is in bank shall perform at their expense purchase of currency in the foreign exchange market and transfer these amounts to receivers. The similar procedure exists in the Republic of Moldova (item 7.4 of the Provisional regulations for clearing settlements in the Republic of Moldova approved by National Bank of the Republic of Moldova on February 3, 1994 (N 10009/5-69) according to which "the collection orders shown based on orders of arbitral and judicial authorities of the independent states, Arbitration of the Republic of Moldova and courts of the Republic of Moldova for benefit of foreign economic actors are paid in procedure without acceptance from the corresponding currency account of the payer. If on the currency account of the payer there are no necessary means, the authorized bank pays the collection order by purchase of the corresponding amount of currency at the currency exchange (market) at the expense of means in lei on the settlement account of the payer.

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