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DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of February 21, 2007 No. 01-1/2-06

Economic Court of the Commonwealth of Independent States in structure:

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

judges of Economic Court of the CIS: Abdulloyeva F., Zholdybayev S. Zh., Miroshnik V. I., Molchanovy T.N.,

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

with participation of the General adviser of Economic Court of the CIS Belova T. A., specialist Schukin A. V.,

having considered case on request of the Supreme economic court of the Republic of Tajikistan in proceeding in open court, established:

The supreme economic court of the Republic of Tajikistan appealed to Economic Court of the Commonwealth of Independent States with request about interpretation of application of Articles 5, 7 Agreements on procedure for the dispute resolution connected with implementation of economic activity of March 20, 1992, Articles 5, of 17, of 51, 54 Conventions on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993 and Articles 5, of 17, of 54, 57 Conventions on legal assistance and legal relations on civil, family and criminal cases of October 7, 2002.

The supreme economic court of the Republic of Tajikistan asks to explain what regulations of international treaties - Agreements on procedure for the dispute resolution, connected with implementation of economic activity, of March 20, 1992 or the Convention on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993 (The convention on legal assistance and legal relations on civil, family and criminal cases of October 7, 2002) are subject to application in the State Parties of these agreements concerning procedure for the intercourses of competent courts, organizations of justice when rendering legal assistance on civil cases, language of documents, and also recognition and execution of the judgments which took legal effect passed on economic (economic) disputes.

Having heard the judge-speaker Zholdybayev S. Zh., having discussed the conclusion of the General adviser of Economic Court of the CIS Belova T. A., conclusion of the specialist Schukin A. V. and having researched the materials which are available in case, the Economic Court of the CIS came to the following conclusions.

1. The questions raised by the Supreme economic court of the Republic of Tajikistan, concerning procedure for the intercourses of competent courts and other bodies of the State Parties of the CIS when rendering legal assistance including questions of language of the intercourses, recognition and carrying out of judgments, were for the first time settled by the Agreement on procedure for the dispute resolution, connected with implementation of economic activity, of March 20, 1992 (further - the Agreement of March 20, 1992 or the Agreement). This Agreement became effective on December 19, 1992. His participants are ten states of the Commonwealth: Azerbaijan Republic, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic, Russian Federation, Republic of Tajikistan, Turkmenistan, Republic of Uzbekistan, Ukraine.

The convention on legal assistance and legal relations on civil, family and criminal cases of January 22, 1993 (further - the Convention of January 22, 1993) became effective on May 19, 1994, her participants are all states of the Commonwealth.

The protocol of March 28, 1997 to the Convention of January 22, 1993 makes changes and additions. The protocol was signed and ratified by the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Russian Federation, the Republic of Tajikistan, Ukraine which are at the same time agreement parties of March 20, 1992 and also the Republic of Moldova.

The convention on legal assistance and legal relations on civil, family and criminal cases of October 7, 2002 (further - the Convention of October 7, 2002) became effective on April 27, 2004. Six State Parties of the Agreement of March 20, 1992 are among participants of the Convention: Azerbaijan Republic, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic and Republic of Tajikistan.

2. The agreement of March 20, 1992 (Article 1) regulates procedure for the dispute resolution, connected with implementation of economic activity, the request for legal assistance and execution of judgments.

According to parts one and third article 5 of the Agreement "competent courts and other bodies of the State Parties of the Commonwealth of Independent States shall afford mutual legal assistance" when which implementing they "communicate with each other directly".

Competent courts according to article 3 of the Agreement are understood as "courts, Arbitration (economic) Courts, reference tribunals and other bodies within which competence permission of the cases specified in Article 1 of this agreement is". The agreement directly does not determine what "other bodies" along with competent courts are authorized to afford mutual legal assistance. However, proceeding from sense of the provision enshrined in part one of article 5 of the Agreement according to Economic Court of the CIS, it is necessary to carry state bodies which competence according to the legislation of the State Parties includes rendering legal assistance in case of the dispute resolution to "other bodies", connected with implementation of economic activity.

Stipulated in Clause 5 Agreements the procedure for rendering mutual legal assistance by competent courts and other bodies of the states provides possibility of the direction of the order directly, without addressing to the highest degrees of jurisdiction, the central and territorial offices of justice, diplomatic and consular representations, and also other bodies of the required state. Powers of the supreme judicial authorities of the State Parties according to Articles 10, 12 Agreements consist only in settlement of the matters of argument arising in the course of carrying out of solutions of competent courts and also provision of data on the national legal system and practice of its application.

The economic Court of the CIS considers that the Agreement, enshrining provision about the direct intercourse of competent courts and other bodies when rendering mutual legal assistance, aimed to establish the simplified procedure for their relations which benefits consist, first of all, in operational hearing of cases on economic disputes and execution of the become effective foreign judgments.

In case of the appeal of competent courts and other bodies of the State Parties about rendering legal assistance and execution of foreign judgments on economic disputes according to part five of article 5 of the Agreement of March 20, 1992 of the order and the documents attached to them are stated in language of the requesting state or Russian.

The State Parties of the Agreement of March 20, 1992 assumed liability to mutually recognize and perform the solutions of competent courts which took legal effect (Article 7). This provision taking into account regulation of article 8 of the Agreement permits the interested person (claimant) to send the petition for carrying out of the judgment to the body which is directly authorized on its execution according to the legislation of the required state without carrying out in court of the special procedure of recognition of the foreign judgment. At the same time the writ of execution issued by foreign court and other documents specified in Article 8 are attached to the petition.

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