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DECISION OF COMMONWEALTHS OF INDEPENDENT STATES COUNCIL OF FOREIGN MINISTERS

of March 28, 2008

About Methodical recommendations about project development of the international treaties signed within the Commonwealth of Independent States

Council of Foreign Ministers of the Commonwealth of Independent States DECIDED:

1. Approve Methodical recommendations about project development of the international treaties signed within the Commonwealth of Independent States (are applied).

2. Declare invalid the Decision of Commonwealths of Independent States Council of Foreign Ministers of September 18, 2003 about Methodical recommendations about project development of international legal documents of the Commonwealth of Independent States.

 

Approved by the Decision of Council of Foreign Ministers of the CIS of March 28, 2008

Methodical recommendations about project development of the international treaties signed within the Commonwealth of Independent States

I. General provisions

1.1. These Methodical recommendations about project development of the international treaties signed within the Commonwealth of Independent States (further - Recommendations) aim to give the system and unified nature to rule-making process in the CIS.

1.2. Recommendations are held for use experts of the State Parties of the CIS, and also bodies of the CIS in case of project development of international treaties within the CIS, further - draft agreements (draft agreement).

1.3. Recommendations contain the main conditions shown to the draft agreement, its structure, statement language, procedure for registration.

1.4. Getting to work on the draft agreement, it is recommended:

determine whether there is actually problem requiring settlement by the conclusion of the international treaty;

analyse actual state of legal regulation in the respective sphere;

determine possible consequences of the conclusion of the agreement.

1.5. When studying the legal material relating to the draft agreement it is necessary:

study international legal acts on which references in the text of the draft agreement are had, to determine what of them are acting;

determine what provisions of current agreements within the CIS are compatible or not compatible to the draft agreement (concern subject of the draft agreement);

determine what provisions of current agreements within the CIS shall keep the force and from now on and what are subject to change, amendment or shall stop the action between gosudarstvamiuchastnik of the new agreement in connection with its conclusion.

1.6. In need of the draft agreement the provisions determining agreement ratio (or its parts) with the previous and/or subsequent agreements on the same question, and also further application or cancellation of contracts between gosudarstvamiuchastnik of the new agreement join.

Modification and amendments in the international treaty signed within the CIS is performed by the conclusion of the international treaty. Modification and amendments in the international treaty within the CIS, and also the termination of its action cannot be performed in the form of the decision of body of the CIS as decisions of bodies of the CIS are not international treaties.

II. Legal method

2.1. The general requirements imposed to the draft agreement are:

completeness of legal regulation of the respective sphere of the relations;

lack of contradictions both in the agreement, and with other rules of international law;

clarity, simplicity and availability of language of statement of the agreement;

logical sequence of statement of the text of the agreement and communication of its provisions among themselves;

brevity of statement of provisions, exception of duplication of legal establishments;

concreteness and accuracy of formulations of provisions, uniformity of the concepts and terms used in the text of the draft agreement.

2.2. The draft agreement is stated in indicative mood of the present.

2.3. The name and contents of the draft agreement shall correspond to its subject. The project shall not contain the provisions which are going beyond its subject.

2.4. In the draft agreement provisions of current agreements, as a rule, are not duplicated.

III. Language and terminological requirements

3.1. The draft agreement is stated in Russian with use of terms of law and with observance of regulations of official style.

3.2. The terms and concepts used in the text of the draft agreement shall be identical in sense and content.

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