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The agreement on social and legal guarantees to personnel of Collective forces on peacekeeping in the Commonwealth of Independent States

of October 5, 2007

The State Parties of this agreement (further - the Parties),

being guided by the Regulations on Collective forces on peacekeeping in the Commonwealth of Independent States approved by the Decision of Council of heads of states of the Commonwealth of Independent States of January 19, 1996

proceeding from need of acceptance of agreed measures of providing social and legal protection of personnel of Collective forces on peacekeeping in the Commonwealth of Independent States (further - KSPM),

taking all proper measures for the purpose of safety and protection of personnel of KSPM in case of accomplishment of the obligations by it according to the mandate on carrying out peace support operation, and also for the purpose of strengthening of social and legal security of personnel of KSPM and members of their families

agreed as follows:

Article 1

In this agreement oznachayut:personat stated below terms Collective forces on peacekeeping in the Commonwealth of Independent States (further - personnel of KSPM) - military, police (militia) and civil personnel of which KSPM are created; the host party - the state in the territory of which peace support operation is performed (further - OPM); the sending party - the state which allocated the contingent in structure of KSPM; members of families of personnel of KSPM - the spouse (spouse), children and parents, and also other persons who according to the legislation of the sending party are recognized as family members; zone of responsibility of KSPM - zone of dislocation of personnel of KSPM in case of accomplishment of the tasks assigned to it in areas and at the boundaries determined by the relevant agreements and the agreements reached between parties of the conflict according to the mandate on the peace support operation performed by the Commonwealth of Independent States; the monetary reward of personnel of KSPM (further - the monetary reward) - the cash amount which is monthly paid to personnel of KSPM for accomplishment of tasks as a part of KSPM when carrying out peace support operation.

Article 2

The parties agreed to establish for personnel of KSPM:

a) preserving on earlier posts of monetary pay (the average salary), the rights, guarantees, compensations and other payments, including with special conditions of service (work) during participation in OPM, performed according to the procedure, established by the national legal system of the sending party;

b) the monetary reward to personnel of KSPM which size and payment procedure affirms the decision of the Parties of this agreement;

c) additional paid leave lasting 15 days, apart from journey time to the venue of leave and back;

d) offsetting for calculation of pension of time of service of military, police (militia) personnel of KSPM in length of service, operating time of civil personnel of KSPM (on condition of payment of insurance premiums for the national (obligatory) pension insurance in the pension fund of the sending party) in working life - one month of service (work) in three months;

e) payment of lump-sum allowance to the personnel of KSPM which sustained on duty injuries (wounds, injuries, contusions), the diseases which resulted in temporary disability, did not entail disability, - 5 monthly sizes of the monetary reward, and entailed disability - 10 monthly sizes of the monetary reward. The specified benefit is paid in addition to benefits (insurance payments) established by the legislation of the sending party;

e) medical support according to the legislation of the sending party.

Article 3

In case of death (death) of person from structure of personnel of KSPM in case of execution of service duties by it members of his family have the right in equal shares of lump-sum supplementary benefit to established by the national legal system - 30 monthly sizes of the monetary reward.

Transportation of body and personal property of the died (dead) to the place of its burial is performed at the expense of the means determined in Article 5 of this agreement.

Article 4

The beginning and cancellation of the social and legal guarantees provided by this agreement for personnel of KSPM are determined according to operation of the mandate on the carried-out OPM.

The social and legal guarantees provided by this agreement do not extend to the persons who self-willedally left military unit or the duty station (works), made penal act during accomplishment of tasks as a part of KSPM.

Article 5

Financing of expenses on provision to personnel of KSPM and members of their families of social and legal guarantees is performed by sending parties based on the decision of the Parties on creation of KSPM and the mandate on carrying out OPM within the financial resources which are annually provided in national budgets in accordance with the established procedure on the answering purpose.

Article 6

By mutual consent of the Parties changes and additions which are drawn up by separate protocols can be made to this agreement.

Article 7

The matters of argument connected using or interpretation of this agreement, are permitted by consultations and negotiations between the Parties.

Article 8

Provisions of this agreement do not affect the rights and obligations of the Parties following from other international treaties which participants are the Parties.

Article 9

Each Party can leave this agreement, having sent the written notice of it to depositary at least in six months prior to date of exit. The party leaving the Agreement before date of exit fulfills the obligations which arose at it under this agreement.

The accounting treatment and debt repayments will be determined by the separate protocol to this agreement.

Article 10

This agreement is open for accession of other State Parties of the Commonwealth of Independent States.

For the joining state this agreement becomes effective from date of delivery on storage to depositary of the written notice of accession.

Article 11

This agreement is subject to ratification and becomes effective from date of delivery on storage to depositary of the third notification on accomplishment by the Parties of the interstate procedures necessary for its entry into force which signed it.

For the Parties which performed interstate procedures later the Agreement becomes effective from date of delivery to depositary of the adequate notice.

It is made in the city of Dushanbe on October 5, 2007 in one authentic copy in Russian. The authentic copy is stored in Executive committee of the Commonwealth of Independent States which will send to each state which signed this agreement, its verified copy.

 

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