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Agreement on cooperation of economic, Arbitration Courts of the Republic of Belarus, the Russian Federation and Ukraine

of December 21, 1991

Economic, Arbitration Courts of the Republic of Belarus, the Russian Federation and Ukraine on behalf of Supreme Economic Court of the Republic of Belarus, the Supreme Arbitration Court of the Russian Federation and the Supreme Arbitration Court of Ukraine, being guided by the principles of the Agreement on creation of the Commonwealth of Independent States and proceeding from need of providing within the Common Economic Space of equal opportunities for judicial legal protection of the rights and legitimate interests of participants of the economic relations, agreed as follows:

Article 1. The parties are recognized and shall observe in case of permission of the economic and Arbitration Courts of disputes carried to competence the principles of steady following to requirements of the legislation of state members of the Commonwealth, the Agreement and other acts of the Commonwealth, to conditions of the signed agreements, equality of participants, ensuring equal protection of the rights and the interests of the subjects of economic activity located in the territory of the Republic of Belarus, the Russian Federation and Ukraine protected by the law.

Article 2. Subjects of the economic relations of each of state members of the Commonwealth use in the territory of other state entering the Commonwealth, the judicial protection of the rights and legitimate interests equal with similar subjects of this state.

Subjects of the economic relations of each state member of the Commonwealth have in the territory of other state members of the Commonwealth the right to turn freely to the economic, Arbitration courts within which competence permission of economic disputes and implementation of legal proceedings is.

Article 3. Disputes over obligations between subjects of the economic relations of state members of the Commonwealth are considered by economic, Arbitration Courts in the place of permanent finding of the defendant.

Disputes on the property right to property are considered by court of state member of the Commonwealth in the territory of which there is property, and disputes on recognition invalid acts of the state and other bodies, and also about indemnification, caused by such acts, are considered by court in the location of the specified body.

If several defendants who are in the territory of different state members of the Commonwealth participate in case, the dispute is considered in the location of any defendant in the choice of the claimant.

Article 4. Economic, Arbitration Courts of state members of the Commonwealth shall afford mutual legal assistance, including accomplishment of different legal proceedings at the request of court in which production there is case.

When rendering legal assistance courts of state members of the Commonwealth communicate with each other directly.

In case of execution of the order about rendering legal assistance courts at which the help is asked apply the legislation of the state.

Article 5. The documents made or certified by organization or specially authorized person within their competence in the established form in the territory of one of Commonwealth state members are accepted by economic, Arbitration Courts in the territory of other state members of the Commonwealth without any special confirmation.

Article 6. Economic, Arbitration Courts of state members of the Commonwealth are mutually recognized and perform the judgments which took legal effect.

The decisions passed by courts of one state member of the Commonwealth are subject to execution in the territory of other gosudarstvchlen of the Commonwealth, except cases when execution is made in the territory of the state which passed the decision.

The decisions passed by court of one state member of the Commonwealth regarding the address of claim to property of the defendant are subject to execution in the territory of other state member of the Commonwealth by the bodies appointed by court or determined by the legislation of this state.

Article 7. The supreme economic, Arbitration Courts of gosudarstvchlen of the Commonwealth take measures to settlement of the matters of argument arising in connection with carrying out of decisions of the courts.

Article 8. The legislation of one state member of the Commonwealth is applied by courts of other state member of the Commonwealth taking into account interstate contracts and agreements of state members of the Commonwealth and the following rules:

1) legal capacity and capacity to act of subjects of the economic relations is determined by the legislation of state member of the Commonwealth in the territory of which they are and are effective.

2) the legislation of the location of property is applied to the relations following from the property right or other corporeal rights.

3) the form of the transaction, the right and obligation of the Parties in the transaction are determined by the legislation of the place of its making if other is not provided by the agreement of the parties. The form and effective period of the power of attorney are determined by the legislation of the state in the territory of which the power of attorney is issued.

Article 9. The resolutions accepted by the Supreme economic, Arbitration Courts of the Republic of Belarus, the Russian Federation and Ukraine according to the procedure of supervision are final. Offers on cancellation (change) of such resolutions can take place in the procedure established by the legislation of the states on the basis of joint consultations of representatives of the specified courts.

Article 10. The parties will provide mutual knowledge of the current legislation of the states and mutual consultations and coordination of actions by preparation and adoption of new legal and other regulations in the field of the economic relations, and also by preparation and the edition of the explanations and other documents determining court practice.

The parties will promote elimination of contradictions in the legislation governing the economic relations and procedure for consideration of economic disputes within the Commonwealth and also to its rapprochement and unification.

For this purpose the parties will perform studying of work experience of Arbitration, economic courts, holding joint meetings, seminars, scientific and practical conferences and other actions for the purpose of providing single arbitral policy, approval of actions for the most important and matters of principle.

Article 11. The Supreme Economic Court of the Republic of Belarus, the Supreme Arbitration Court of the Russian Federation and the Supreme Arbitration Court of Ukraine recognize need of creation of permanent advisory body at the level of persons heading the specified supreme judicial authorities of state members of the Commonwealth for development of single approaches on the most important and matters of principle of forming of court practice and the solution of general questions of activity of the courts within the Commonwealth.

Article 12. The parties recognize reasonable development of offers on education as a part of general, interstate representative bodies of the Commonwealth - Arbitration (Economic court) of the Commonwealth.

Article 13. The agreement is constituted in triplicate which text is identical and has identical legal force. Change and amendment of this Agreement is made by mutual consent of the parties. The agreement becomes effective from the moment of its approval by Presidiums of the Supreme Councils of state members of the Commonwealth.

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