Decision of Economic Court of the Commonwealth of Independent States

of January 30, 1998 No. 01-1/7-97

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court Kazhenov A. B.,

judges of Economic Court of the Apostle D.D., Vylkov I. K., Kerimbayeva A. Sh., Makhmudova L. Sh., Miroshnik V. I., Sarsenbayeva A. O., Simonyana G. V., Tolibova X.,

in case of Medvedeva T. E. secretary,

with participation of the General adviser of Economic Court Pavlova L. V., having considered case on request of Interstate economic Committee of Economic union on interpretation in proceeding in open court,

established:

The interstate economic Committee of Economic union appealed to Economic Court with request about interpretation of the separate regulations of the Regulations on Interstate economic Committee of Economic union of October 21, 1994 concerning implementation of Economic union of control and administrative functions by Interstate economic Committee.

In particular, the Interstate economic Committee of Economic union asks to give interpretation on the following questions: 1) that is understood as "control functions" of Interstate economic Committee of Economic union and "the organization of control over the implementation of undertaken obligations for decisions of Council of heads of states and Council of Heads of Government of the Commonwealth" and as these concepts correspond with each other; Whether 2) the Interstate economic Committee of Economic union without additional delegation to it the states of powers can organize control over the implementation of undertaken obligations according to decisions of Councils of heads of states and heads of governments, to request information from relevant organs of the states on accomplishment of separate liabilities, to carry out, with the consent of the governments, inspection on places, to take measures for elimination of the arisen complications and the dispute resolution together with governing bodies of the states.

Having heard the judge-speaker Simonyan G. V., having discussed the conclusion of the General adviser of Economic Court Pavlova L. V., having researched the documents which are available in case, the Economic Court came to the following conclusions.

Interpretation of part 2 of Item 1 of the Section I, paragraph 4 Item 3 and the paragraph 4 items 4 of the Section II of Provisions on Interstate economic Committee of Economic union of October 21, 1994 concerning implementation of control functions of Interstate economic Committee of Economic union for the purpose of clarification of their legitimacy and applicability shall be performed according to article 31 of the Vienna convention on the right of international treaties of 1969 both on the basis of the analysis of the text of the Provision, and taking into account the international agreements interconnected with it.

The regulations on Interstate economic Committee of Economic union are integral part of the Agreement on creation of Interstate committee of Economic union of October 21, 1994 (article 2 of the Agreement) owing to what texts of both documents it is necessary to consider as the single international treaty. Part 2 of Item 1 of the Section I of the Provision determines that the Interstate economic Committee of Economic union is the permanent coordinating and executive body of Economic union and performs control and administrative functions within the powers which are voluntarily delegated to it by the State Parties of the Agreement on creation of Economic union.

The specified regulation of the Section II of Provisions determines thus the general status of Interstate economic Committee of Economic union that corresponds also to the name I of the Section of the Provision "General provisions". In the second Section of the Provision "Main Directions and Functions" specific functions, including function are determined by the organization of control over the implementation of undertaken obligations for decisions of Council of heads of states and Council of Heads of Government of the Commonwealth (the paragraph 4 Items 3).

In item 4 of this Section competence of Interstate economic Committee of Economic union on realization of the functions provided to it is determined. For accomplishment of the "organization of control over the implementation of undertaken obligations..." function the interstate economic Committee of Economic union is granted the right to request "information from relevant organs of the states on accomplishment of separate liabilities, to organize, with the consent of the governments, inspection on places, to take measures for elimination of the arisen complications and disputes together with governing bodies of the states". And, forms of control of Interstate economic Committee of Economic union correspond to those which are used in practice of the international bodies established for control of observance of separate international treaties (Human Rights Committee - the Covenant on Civil and Political rights of 1966; Committee Against Torture the Convention against tortures and other cruel, inhuman or degrading treatment or punishment of 1984).

Based on stated the Economic Court came to conclusion that the regulation containing in part 2 of Item 1 of the Section I, on the one hand, and the regulations containing in the paragraph 4 Items 3 and the paragraph 4 items 4 of the Section II of Provisions with another, have different target focus and correspond among themselves as general and special. Part 2 of Item 1 of the Section I qualifies Economic Court as the general regulation determining the general status of Interstate economic Committee of Economic union. The paragraph 4 Items 3 and the paragraph 4 items 4 of the Section Iispetsialnye of regulation concretizing general regulation by regulation of its control function and powers on its realization.

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