Agreement between the Republic of Belarus and Russian Federation on regulation of questions of property of the Union State

of January 24, 2006

The Republic of Belarus and the Russian Federation which further are referred to as with the Parties

consistently carrying out provisions of the Agreement on creation of the Union State and the Action program of the Republic of Belarus and the Russian Federation on realization of provisions of the Agreement on creation of the Union State of December 8, 1999,

recognizing need of legislative settlement of creation and property management of the Union State before adoption of law of the Union State regulating questions of property of the Union State

agreed as follows:

Article 1

This agreement determines the bases of origin and the termination of the property right of the Union State, property which can be in its property, the basic provisions concerning property management of the Union State including the relations connected with ownership, use and the order of its property and also the property relations between the Union State and the Parties.

The relations concerning property of the Union State are regulated by this agreement and acts of the Union State.

The relations concerning property of the Union State, which are not settled by this agreement and acts of the Union State are regulated by the legislation of each of the Parties.

Article 2

Protection of the property right of the Union State is performed according to the legislation of the Party in the territory of which there is its property.

Article 3

The Union State acts in the relations regulated by the civil legislation of each of the Parties, on equal terms with other participants of these relations. At the same time the regulations determining participation of legal entities in the relations regulated by the civil legislation of each of the Parties are applied to the Union State if other does not follow from the international treaty signed by the Parties or the legal act of the Union State.

Article 4

In property of the Union State there can be property necessary for implementation of functions of governing bodies of the Union State.

The Union State possesses the property right on:

budget funds of the Union State;

the property created or acquired by the Union State including by budget funds of the Union State, including the property created as a result of implementation of joint programs of the Parties;

the property transferred by the Parties to the possession of the Union State;

other property which arrived in property of the Union State.

The means received from use of property of the Union State are subject to transfer in the budget of the Union State.

Article 5

The Council of Ministers of the Union State and governing bodies of the Union State on behalf of the Union State acquire and perform the property and personal non-property rights and obligations, appear in court within the competence established by the international treaties signed by the Parties, or acts of the Union State.

According to the decision of Council of Ministers of the Union State the separate competences specified in this Article can be performed by state bodies of the Parties.

Article 6

Accounting of property of the Union State is performed in the Register of property of the Union State.

Maintaining the Register of property of the Union State is performed by the governing body of the Union State authorized by Council of Ministers of the Union State.

The procedure for maintaining the Register of property of the Union State is determined by Council of Ministers of the Union State.

Article 7

Emergence of the property right of the Union State to property is determined by the legislation of the Party in the territory of which this property was at the moment when the action or other circumstance which formed the basis for emergence of the property right took place.

Article 8

Structure of the property which is subject to transfer by the Parties to property of the Union State, and procedure for such transfer are determined by the international treaties signed by the Parties, acts of the Union State and regulatory legal acts of the Parties accepted in case of need according to them.

Article 9

The property which is in property of the Union State is used only for implementation of the purposes and tasks of the Union State.

The property of the Union State shall not be used for the purpose of, governing bodies of the Union State, incompatible with functions.

Article 10

Alienation or different ways of the order property of the Union State are allowed according to the decision of Council of Ministers of the Union State according to the procedure and in the cases provided by the relevant acts of the Union State, and before their acceptance - the laws of the Party in the territory of which there is property.

The property right to property of the Union State stops on the bases provided by the civil legislation of the Union State, and before its acceptance - on the bases provided by the civil legislation of each of the Parties.

The termination of the property right to property of the Union State is determined according to the legislation of the Party in the territory of which the action or other circumstance which formed the basis for the termination of the property right took place.

The property right to property of the Union State can be also stopped as a result of transfer of such property according to the decision of Council of Ministers of the Union State in property of one of the Parties.

The cession of property of the Union State in property of citizens or legal entities (privatization) is not allowed if other is not provided by the laws of the Union State.

Article 11

In case of exit of one of the Parties from the Union State or the termination of existence of the Union State property compensation to the Party which made the decision on exit from the Union State, and other property effects in connection with the termination of existence of the Union State are determined based on the separate international treaty signed by the Parties.

The share of the Party leaving the Union State is determined taking into account the contributions to the budget of the Union State and the Union State of property transferred to the possession made by it for the period findings of this Party in the Union State.

Article 12

The Union State answers for the obligations the property belonging to it on the property right, except for property on which according to the law of the Union State collection cannot be turned, and before adoption of the specified law - according to the laws of the Party in the territory of which there is property.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info