DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of March 17, 2008 No. 01-1/4-07

About interpretation of paragraph one of Item 2 of Appendix 1 to the Agreement on mutual recognition of the rights to preferential journey for disabled people and participants of the Great Patriotic War, and also persons equated to them of March 12, 1993

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 Shtraytberger T. A., specialist Makarevich A. G.,

having considered case on request of the Government of the Republic of Tajikistan on interpretation in proceeding in open court, ESTABLISHED:

The government of the Republic of Tajikistan appealed to Economic Court of the CIS with request about interpretation of paragraph one of Item 2 of Appendix 1 to the Agreement on mutual recognition of the rights to preferential journey for disabled people and participants of the Great Patriotic War, and also persons equated to them of March 12, 1993 (further - the Agreement of March 12, 1993). Statements in social security authorities of the Republic of Tajikistan of the former military personnel of the Armed Forces of the USSR which became disabled people during passing of military service about issue of travel coupons on preferential driving through the territory of the State Parties of the Commonwealth of Independent States were of request the cause. With respect thereto the Government of the Republic of Tajikistan asks to explain:

what is understood as the "other obligations of military service" which served as the reason of receipt of disability owing to wound, contusion or mutilation;

whether belong to the category of the citizens equated on travel privileges in intercity transport to disabled people of the Great Patriotic War, the military personnel who became disabled people owing to wound, contusions or mutilations received in case of execution of obligations of military service by them in the ranks of the Soviet Army.

Having heard the judge-speaker Zholdybayev S. Zh., having discussed the conclusions of the General adviser Shtraytberger T. A., specialist Makarevich A. G., having analyzed the legislation of the former USSR, the international agreements existing within the Commonwealth of Independent States, and which are available in case other materials, the Economic Court of the CIS came to the following conclusions.

Interpretation of the Agreement of March 12, 1993 should be performed, being guided by article 31 of the Vienna convention on the right of international treaties of May 23, 1969, according to regular value which should be given to terms of the agreement in their context, and also in the light of object and agreements, and taking into account international treaties of the states of the Commonwealth governing the relations in the field of the legal and social protection of disabled people, participants of the Great Patriotic War and persons equated to them are more whole.

The agreement of March 12, 1993 became effective from the moment of its signing for the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, Ukraine. The Azerbaijan Republic joined the Agreement on May 28, 1997. Georgia does not participate in this Agreement.

The purpose of the Agreement of March 12, 1993 is mutual recognition by the states of the rights of disabled people, participants of the Great Patriotic War participating in it, and also persons equated to them on preferential driving through the territory of these states. The State Parties assumed liability to recognize the right of disabled people and participants of the Great Patriotic War, and also persons equated to them on preferential driving through their territory as the corresponding modes of transport according to Appendices 1, of 2, 3 to the Agreement of March 12, 1993.

Operation of the Agreement of March 12, 1993 extends not only to disabled people and participants of the Great Patriotic War, but also to persons equated to them on travel privileges which according to paragraph one of Item 2 of Appendix 1 to the Agreement of March 12, 1993 disabled people from among the military personnel who became disabled people owing to wound, contusions or mutilations received in case of protection of the former USSR or in case of execution of other obligations of military service treat "...".

The travel privileges established by the Agreement of March 12, 1993 are enshrined also in the Agreement on mutual recognition of privileges and guarantees signed within the Commonwealth for participants and disabled people of the Great Patriotic War, combatants in the territory of other states, families of the died military personnel of April 15, 1994 (further - the Agreement of April 15, 1994). Understanding special importance of social protection of the category of persons stated above, the State Parties of the Agreement of April 15, 1994 undertook to establish in the territory privileges and guarantees in amount not smaller, than it is provided by this Agreement. At the same time article 4 of the Agreement of April 15, 1994 contains direct sending to the Agreement of March 12, 1993 in the part concerning the rights of disabled people and participants of the Great Patriotic War to preferential journey on the corresponding modes of transport.

Considering this circumstance, and also solidarity of purpose and tasks of the Agreement of March 12, 1993 and the Agreement of April 15, 1994, distribution of their action on the same category of persons, Economic Court of the CIS considers that the concept "in case of execution of other obligations of military service during other periods" used in subitem 2.2 of Item 2 of Appendix 1 to the Agreement of April 15, 1994 should be considered as similar to the concept "in case of execution of other obligations of military service" provided by paragraph one of Item 2 of Appendix 1 to the Agreement of March 12, 1993. As regulations of the specified agreements do not open the concept "other obligations of military service", for determination of its content, and also the identification of the group of people having the right to preferential journey, the Economic Court of the CIS analyzes the legislation of the former USSR regulating passing of military service.

The law USSR "About general conscription" of October 12, 1967 (further - the Law USSR of October 12, 1967) determined that Armed Forces of the USSR consist of the Soviet Army, Navy, border and internal troops (Article 4). Besides, the service in the military units and bodies of Committee for State Security of the USSR special the motorized parts of militia, parts and divisions of the militarized fire protection of the Ministry of Internal Affairs of the USSR treated military service.

The law USSR of October 12, 1967, the Charter of internal service of Armed Forces of the USSR, the Charter of garrison and guard services of Armed Forces of the USSR approved by the Decree of Presidium of the Supreme Council of the USSR of July 30, 1975 and other regulatory legal acts regulating passing of military service provided in addition to fundamental obligation of citizens of the USSR - protection of the Fatherland as well other obligations of military service.

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