Decision of Economic Court of the Commonwealth of Independent States

of January 23, 1997 No. C-1/17-96

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the vice-chairman of Economic Court Apostle D.D.,

judges of Economic Court of Bekenov R. A., Vylkova I. K., Dashuka L. A., Makhmudova L. Sh., Plaksina S.A., Simonyana G. V.,

in case of Madudina T. I. secretary.,

with participation:

General advisers of Economic Court of Zatsepiny T.N., Pronina M. G., representative of Council of Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States B.N.'s Wingnut,

having considered case on request of the Secretary general of Council of Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States on interpretation in proceeding in open court,

established:

The secretary general of Inter-parliamentary Assembly in the request asks For suggestions to give interpretation of the part two of the Decision of Council of Heads of Government of the Commonwealth of Independent States of October 21, 1994 about the General provision about interstate (intergovernmental) bodies of the Commonwealth of Independent States and the Approximate agreement of interstate (intergovernmental) body of the Commonwealth of Independent States with the state of the location on conditions of its stay providing that "the specified documents become effective from the moment of decision making about organization of Interstate economic Committee of Economic union and refining of structure of bodies of the Commonwealth of Independent States", regarding establishment (determination) of the moment of the introduction of the specified Decision in force and also about obligation of distribution (application) on Inter-parliamentary Assembly of the Approximate agreement of interstate (intergovernmental) body of the Commonwealth of Independent States with the state of the location on conditions of its stay and the General provision about interstate (intergovernmental) bodies of the Commonwealth of Independent States.

The solution of the matters is necessary as the applicant specifies, for determination of legal status of employees of the Secretariat of Council of Inter-parliamentary Assembly in case of agreement signature between the Government of the Russian Federation and Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States about conditions of its stay in the territory of the Russian Federation.

Having heard the judge-speaker Bekenov R. A., the representative of Council of Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States B.N.'s Wingnut, having studied the documents which are available in case, having discussed the conclusion of General advisers of Economic Court of Zatsepiny T.N. and Pronina M. G., the Economic Court came to the following conclusions.

In the legal Decision of Council of Heads of Government of the Commonwealth of Independent States form of October 21, 1994 of the General provision about interstate (intergovernmental) bodies of the Commonwealth of Independent States and the Approximate agreement of interstate (intergovernmental) body of the Commonwealth of Independent States with the state of the location on conditions of its stay represents the act of body of the international organization (community). From the point of view of legal structure it consists of two parts: 1) regulations about approval of regulations on bodies of the international organization (community) with appendix of the approved documents; 2) the regulation determining procedure for entry into force of the specified documents. Such legal acts belong to the internal or "authorized" law of the international organization (community).

The legal nature of the interpreted Decision predetermines circle of sources of applicable law on which the Court based the conclusions. Treat them:

universally recognized norms and principles of creation and functioning of the international organizations; provisions of constituent documents of the Commonwealth;

regulations of the Charter of the Commonwealth of Independent States; Rules of procedure of Council of heads of states and Council of Heads of Government of the Commonwealth of Independent States;

other acts of the Commonwealth connected with refining (enhancement) of structure of bodies of the Commonwealth.

In view of legal structure of the interpreted Decision and that circumstance that the procedure for entry into force provided in the text concerns not regulation about approval of the General provision about interstate (intergovernmental) bodies of the Commonwealth of Independent States and the Approximate agreement of interstate (intergovernmental) body of the Commonwealth of Independent States with the state of the location on conditions of its stay, and the specified documents, it is possible to conclude that subject of the first question of request is the possibility of application of the interpreted Decision to legal relationship with participation of bodies of the Commonwealth which contacts the moment of entry into force of the called documents.

Entry into force of the documents approved by the Decision of Council of Heads of Government of the Commonwealth of Independent States of October 21, 1994

- The general provision about interstate (intergovernmental) bodies of the Commonwealth of Independent States and the Approximate agreement of interstate (intergovernmental) body of the Commonwealth of Independent States with the state of the location on conditions of its stay - it is caused, according to part two of the called Decision, by approach of two facts: decision making about organization of Interstate economic Committee of Economic union and refining of structure of bodies of the Commonwealth of Independent States.

Approach of the first of the specified facts cannot cause discrepancies.

The analysis of the legal acts of the Commonwealth regulating creation and functioning of Interstate economic Committee of Economic union (MEKA) shows that treat constituent documents of this body: The agreement on creation of Interstate economic Committee of Economic union of October 21, 1994 with two appendices: 1) Regulations on Interstate economic Committee of Economic union and 2) Procedure for distribution of voices for the period till January 1, 1998 for decision making by Presidium and Board of MEK the qualified majority taking into account the economic capacity of the states.

According to articles 2 and 5 of the Vienna convention on the right of international treaties of 1969 the specific name of the agreement of the establishing nature does not change its legal nature as the international agreement expressing the approved will of the states.

Therefore, the decision making moment about MEKA organization is determined by signature date of the Agreement on creation of Interstate economic Committee of Economic union of October 21, 1994.

For establishment of the second of called in part two of the interpreted Solution of the facts it is necessary to determine the concept "refining of structure of bodies of the Commonwealth".

Studying of the above-named sources of applicable law demonstrates that the concept "structure of bodies of the Commonwealth" can be interpreted doubly: 1) in value of internal structure (system of bodies) of the Commonwealth of Independent States; 2) in value of internal structure of each of bodies of the Commonwealth of Independent States.

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