of March 26, 2008 No. 01-1/2-07
About interpretation of application of Article 7 of the Safeguards agreement of the rights of citizens of the State Parties of the Commonwealth of Independent States in the field of provision of pensions of March 13, 1992
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 Zhishkevich V. I.,
having considered case on request of Commonwealths of Independent States Executive committee on interpretation, USTANOVIL in proceeding in open court:
The executive committee of the Commonwealth of Independent States appealed to Economic Court of the Commonwealth of Independent States with request about interpretation of application of Article 7 of the Safeguards agreement of the rights of citizens of the State Parties of the Commonwealth of Independent States in the field of provision of pensions of March 13, 1992 (daleesoglasheniye of March 13, 1992) on whether the work periods established for calculation of the average monthly salary in case of primary award of pension in connection with moving of the pensioner on the new residence to other State Party of the Agreement and review of the size of pension according to part two of article 7 of the Agreement of March 13, 1992 are subject to change.
The letter of the citizen Yakupova G. H. formed the basis for request., reported that in 1978 in the Tajik SSR it was granted old-age pension. Average monthly earnings for award of pension are determined at the rate of its average earnings for the last twelve months of work before the request for pension based on article 53 of the Law USSR "About national pensions" of July 14, 1956. After moving in 1996 to the Russian Federation the size of pension is counted for the permanent residence according to the acting legislation of the Russian Federation on the basis of the documents which are in pension case. In subsequent the citizen Yakupova G. H. moved to other region of the Russian Federation where pension body it was offered to it to provide data on average monthly earnings for the last twenty four months of work. Because it did not provide such data, the size of its pension was reduced.
Having heard the judge-speaker Miroshnik V. I., having analysed the conclusions of the General adviser of Economic Court of the CIS Zhishkevich V. I., specialist Lushnikov of A.M., having researched the materials which are available in case, the Economic Court of the CIS established the following.
The State Parties of the Agreement of March 13, 1992 are the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, Ukraine. The agreement became effective from the moment of signing. The Republic of Moldova in case of agreement signature specified that "these questions are regulated by bilateral agreements".
Interpretation of article 7 of the Agreement of March 13, 1992 is performed by Economic Court of the CIS according to Item 1 of article 31 of the Vienna convention on the right of international treaties of May 23, 1969. The specified regulation provides that the agreement shall be interpreted honesty, according to regular value which should be given to terms of the agreement in their context, and also in the light of its object and the purposes.
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