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DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of June 13, 2008 No. 01-1/7-07

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court of the CIS Abdulloyev F.,

judges of Economic Court of the CIS: Zholdybayeva S. Zh., Kerimbayeva A. Sh., 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 Chaushnik V. N., specialist Grishkevich O. V., representative of Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States Yatayev A. R.,

having considered case on request of Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States on interpretation in proceeding in open court, ESTABLISHED:

The inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States appealed to Economic Court of the Commonwealth of Independent States with request about interpretation of part two of Article 12 and part one of article 16 of the Agreement between Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States and the Government of the Russian Federation about conditions of stay of Inter-parliamentary Assembly in the territory of the Russian Federation of August 28, 1997 (further - the Agreement on stay conditions of August 28, 1997).

The inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States (further - Inter-parliamentary Assembly of the CIS or MPA of the CIS) asks to explain whether officials of Inter-parliamentary Assembly of the CIS - citizens of the Russian Federation have the right to purpose of long-service pension it and charge of monthly surcharge to national pension according to the procedure and on the conditions provided for federal government employees of the Russian Federation.

The refusal of competent authorities of the Russian Federation in award of pension for long service formed the basis for request to officials of MPA of the CIS - citizens of the Russian Federation in case of their dismissal in connection with retirement according to the Federal Law of the Russian Federation "About the state provision of pensions in the Russian Federation" of December 15, 2001 to No. 166-FZ.

Having heard the judge-speaker Zholdybayev S. Zh., representative of Inter-parliamentary Assembly of the CIS Yatayev A. R., having discussed the conclusions of the General adviser of Economic Court of the CIS Chaushnik V. N., Pavlova L. V. specialists. and Grishkevich O. V., having studied the materials which are available in case, the Economic Court of the CIS came to the following conclusions.

Interpretation of part two of Article 12 and part one of article 16 of the Agreement on stay conditions of August 28, 1997 should be performed as it is stipulated in Article 31 Vienna convention on the right of international treaties of May 23, 1969 (further - the Vienna convention 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 is more whole than the agreement".

The economic Court of the CIS considers necessary in the course of interpretation to consider also other acts regulating legal status of bodies of the Commonwealth, their officials and employees, in particular: The general provision about interstate (intergovernmental) bodies of the Commonwealth of Independent States approved by the Decision of Council of CIS Heads of Government of October 21, 1994 (further - the General provision of October 21, 1994); The Agreement on legal status of officials and the staff of bodies of the Commonwealth of Independent States of April 25, 2003 which became effective for the Russian Federation on June 28, 2005 (further - the Agreement of April 25, 2003), the Convention on Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States of May 26, 1995 ratified by the Russian Federation the Federal Law of June 17, 1996 No. 75-FZ (further - the Convention of May 26, 1995).

The inter-parliamentary Assembly of the CIS is founded by the Agreement on Inter-parliamentary Assembly of the State Parties of the Commonwealth of Independent States of March 27, 1992 and according to article 1 of the Convention of May 26, 1995 is interstate body of the Commonwealth of Independent States.

The economic Court of the CIS in the solution of January 23, 1997 No. C-1/17-96 stated that action of regulations of the General provision of October 21, 1994 and the Approximate agreement of interstate (intergovernmental) body of the Commonwealth of Independent States with the state of the location on conditions of its stay of October 21, 1994 extends also to Inter-parliamentary Assembly of the CIS as body of the Commonwealth.

The part two of article 12 of the Agreement on stay conditions of August 28, 1997 determines that "to the officials of Inter-parliamentary Assembly who are citizens of the Russian Federation, operating time in Inter-parliamentary Assembly is set off in length of service as government employees of the Russian Federation". According to the subitem "g" of Article 2 Conventions of May 26, 1995 concern to officials of MPA of the CIS: The secretaries general of Council of Assembly, other members of personnel of Inter-parliamentary Assembly working in it at permanent basis and included by the Secretary general in the list of officials of Inter-parliamentary Assembly which is subject to approval of MPA of the CIS by Council, except for the persons employed in the state in the territory of which the headquarters of Inter-parliamentary Assembly, its body (bodies) are placed, and receiving hourly pay.

Legal status of officials of MPA of the CIS in general view is determined by article 7 of the Agreement on stay conditions of August 28, 1997 providing, in particular, that specified persons are the international civil servants. Along with it legal status of officials of bodies of the Commonwealth, including the MPA of the CIS, is regulated by the Agreement of April 25, 2003. Article 2 of the Agreement of April 25, 2003 determines that officials of bodies of the Commonwealth are equated to the international employees.

The regulations on offsetting of operating time in MPA of the CIS to the officials who are citizens of the Russian Federation in length of service as government employees are implemented in the legislation of the Russian Federation. So, Item 11 of the List of positions, the periods of service (work) in which join in years of service of public service for the award of pension for long service federal government employees approved by the Presidential decree of the Russian Federation of December 17, 2002 No. 1413,, provides that the years of service of public service for award of pension for long service of federal government employees join the periods of service (work) in the positions held by citizens of the Russian Federation in the interstate (intergovernmental) bodies created by the State Parties of the Commonwealth with participation of the Russian Federation.

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