Decision of Economic court of the Commonwealth of Independent States

of December 16, 2003 No. 01-1/3-03

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court Kerimbayeva A. Sh.,

judges of Economic Court of the Apostle D., Vylkov I., Zholdybayev S. Zh., Zhoroyeva K., Miroshnik V. I., Molchanovy T.N., Simonyan G. V., Tolibova X,

in case of the court clerk Medvedeva T. E.,

with participation of the General adviser of Economic Court Pronina M. G., representatives of Commonwealths of Independent States Executive committee: adviser of department of legal cooperation and depositary of documents of Legal department Zueva T. Ya., the adviser of department of safety issues of Department for safety issues, cooperation in the field of fight against crime and Radyush V. F. terrorism.; representative of the Secretariat of the Council of Ministers of Defense of the State Parties of the CIS chief of group of the Secretariat Chumakov V. A.,

having considered case on request of Commonwealths of Independent States Executive committee on interpretation in proceeding in open court, established:

The executive committee of the Commonwealth of Independent States appealed to Economic Court with request about interpretation of application of the paragraph 6 parts 1 of article 2 of the Agreement between the State Parties of the Commonwealth of Independent States on social and legal guarantees of the military personnel, persons discharged from military service, and members of their families from February 14, 1992 which, in particular, says: "The states of the Commonwealth the legislation are established and provide all completeness of the political, social and economic and personal rights and freedoms to the military personnel, persons discharged from military service and to members of their families according to rules of international law and provisions of this agreement, including the following rights:...

- when crossing frontier of the state of the Commonwealth to take personal property without collection of duties, taxes and payments, except for objects, export (import) of which is prohibited by the legislation of the relevant state".

In the request about interpretation the Executive committee of the CIS asks to explain whether the military personnel, citizens discharged from military service and members of their families of the State Parties of the Commonwealth when following to the new duty station or the permanent residence on the territory of other state of the Commonwealth when crossing of frontier are exempted by them from collection of customs payments, taxes and fees for the personal property including belonging to them the vehicle, imported from the territory of the state of departure and if are exempted, then under what conditions.

The appeal to Executive committee of the CIS of the veteran of military service, the captain of inventory Shepelev A. S. was of request the cause., to which when moving from Ukraine after transfer to the reserve on the permanent residence to the Russian Federation, Samara it was refused duty-free importation of the car of the Ford Siyerra brand of release of 1983 acquired by it in 1996.

The executive committee the petition of December 2, 2003 which was satisfied with Economic Court added request with request at the same time to give interpretation and article 3 of the Protocol of January 25, 2000 to the Agreement stated above.

Having heard the judge-speaker Molchanova T. N., the representative applicant Zueva T. Ya., representatives of Executive committee of Radyush V. F. and Secretariat of the Council of Ministers of Defense of the State Parties of the CIS of Chumakov V. A., having analyzed the conclusion of the General adviser of Pronina M. G., and also having researched the materials which are available in case, the Economic Court came to the following conclusions.

The agreement between the State Parties of the Commonwealth of Independent States on social and legal guarantees of the military personnel, persons discharged from military service and members of their families from February 14, 1992 is signed by the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, Ukraine and became effective for the specified states from the moment of its signing. The agreement is not signed by the Republic of Moldova which representative stated special opinion under the document: "In Moldova guarantees the serviceman are determined by the legislation of the republic".

In case of interpretation of application of some provisions of the specified Agreement Economic Court in the documents (solutions of September 4, 1996 No. C-1/11-96 and of April 15, 1999 No. 01-1/5-98, determination of October 14, 1999 No. 01-1/5-98, the advisory proceeding in the matter of No. 01-1/4-02) noted that the Agreement of February 14, 1992 has the framework character, its object is acceptance of the Commonwealth of agreed measures by the states for providing social and legal protection of the military personnel, persons discharged from military service and members of their families. The agreement contains the general principles according to which such protection in the national legal system of the states shall be established and guaranteed. At the same time as the fundamental imperative principle the Agreement provided preserving level of the rights and privileges which are earlier provided to the military personnel, persons discharged from military service and members of their families by the legislation of the former USSR, inadmissibility of their unilateral restriction, and also the right of the State Parties of the Commonwealth to take measures for strengthening of social protection of the specified category of citizens for the purpose of creation of proper level of living and conditions for accomplishment of obligations of military service.

Article 2 of the Agreement, specifying that the states of the Commonwealth the legislation are established and provide all completeness of the political, social and economic and personal rights and freedoms of this category of persons, gives only the approximate list of the rights and freedoms. Among them, as the rights which were earlier fixed by the laws and other regulations of the former USSR, and the right which establishment is dictated by need of providing social and legal protection of the military personnel, persons discharged from military service and members of their families in new conditions - disintegration of USSR and formation of the sovereign states. 6 parts 1 of Article 2 are told about such right in the paragraph: "when crossing frontier of the state of the Commonwealth to take personal property without collection of duties, taxes and payments, except for objects, export (import) of which is prohibited by the legislation of the relevant state".

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