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DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of September 20, 2007 No. 01-1/1-07

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 Tomashevsky K. L., specialist Grechenkov A. A.,

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 part one of article 1 of the Agreement on procedure for provision of pensions and national insurance of staff of law-enforcement bodies of the State Parties of the Commonwealth of Independent States of December 24, 1993 (further - the Agreement of December 24, 1993).

The executive committee of the CIS asks to explain whether the citizens dismissed from law-enforcement bodies of the State Parties of the Agreement of December 24, 1993 and who arrived to the permanent residence to other State Party of the Agreement, the right to primary award of pension for long service according to the legislation of the state of the new place of residence have if by the legislation of the state - places of service they did not acquire the right to award of pension for long service.

The petition from the citizen of the Russian Federation of Shvets V. V. - the former employee of law-enforcement bodies of the Republic of Kazakhstan to which it was refused primary award of pension for long service by authorized bodies of the Russian Federation after moving to this state on the permanent residence from the Republic of Kazakhstan formed the basis for request. The refusal is motivated with the fact that pension to the citizen Shvetsu V. V. in the Republic of Kazakhstan was not granted.

Having heard the judge-speaker Abdulloyev F., having discussed the conclusions of the General adviser of Tomashevsky K. L., specialist Grechenkov A. A. and having researched the materials which are available in case, the Economic Court of the CIS came to the following conclusions.

For the purpose of interpretation of application of part one of article 1 of the Agreement of December 24, 1993 the Economic Court of the CIS considers necessary to be guided by rules of article 31 of the Vienna convention on the right of international treaties of May 23, 1969 and to perform interpretation:

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 are more whole;

in interrelation with other agreements of the states of the Commonwealth concerning provision of pensions and the subsequent practice of their application;

taking into account the legislation of the State Parties of the Agreement of December 24, 1993.

Performing interpretation, the Economic Court of the CIS relies also on the decisions which are earlier passed to them of September 4, 1996 No. C-1/11-96, of May 13, 2004 No. 01-1/7-03, of April 7, 2005 No. 01-1/6-04 concerning provision of pensions.

According to depositary, the Agreement of December 24, 1993 is signed by all State Parties of the CIS and became effective for: Turkmenistan - on November 21, 1994; The Republic of Kazakhstan - on November 21, 1994; The Republic of Tajikistan - on November 21, 1994; The Republic of Uzbekistan - on January 23, 1995; The Republic of Belarus - on April 10, 1995; The Kyrgyz Republic - on January 19, 1996; Ukraine - on April 10, 1996; The Russian Federation - on July 9, 1999; The Republic of Moldova - on November 6, 2002; The Republic of Armenia - on January 28, 2004; The Azerbaijan Republic - on April 15, 2004. The notification on accomplishment of interstate procedures or on lack of need of their accomplishment from Georgia to depositary did not arrive.

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