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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.

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