Agreement on cooperation and interaction of Arbitration Courts of the Republic of Kazakhstan and the Russian Federation
of March 27, 1992
Arbitration Courts of the Republic of Kazakhstan and the Russian Federation, being guided by the principles of sovereignty of two states, attaching special significance to development of cooperation in the field of the dispute resolution, connected with implementation of economic activity in the Common Economic Space, agreed as follows:
Article 1. Bodies for permission of economic disputes of the Republic of Kazakhstan and the Russian Federation recognize need of equal legal protection of property rights and legitimate interests of business entities of each of the states in the territory of other state, shall observe the principles of equality of the parties, ensuring steady accomplishment of conditions of contracts (agreements) signed between two states and business entities.
Article 2. Arbitration Courts provide to subjects of the economic relations of each of the states in the territory of other state the judicial protection of the rights and legitimate interests equal with similar subjects of this state.
Business entities of one state have to the territories of other state the right of the free appeal to Arbitration Courts within which competence permission of economic disputes, the right of implementation of legal proceedings, stipulated by the legislation this state is.
Article 3. Disputes over obligations between subjects of the economic relations of each of the states are considered by Arbitration Courts in the place of permanent finding of the defendant.
Disputes on the property right to property are considered by court of the state 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 Arbitration Court in the place of the specified body.
If several defendants who are in the territory of the different states participate in case, the dispute is considered in the location of any defendant in the choice of the claimant.
Article 4. Arbitration Courts of two states are mutually recognized and perform the become effective judgments, perform orders about rendering legal assistance, including accomplishment of different legal proceedings at the request of court in which production there is case.
In case of execution of the order about rendering legal assistance or making of legal proceeding the legislation of the state in the place of execution of the order (legal proceeding) is applied.
Article 5. The legislation of one state is applied by Arbitration Courts of other state taking into account interstate contracts and agreements of the states and the following rules:
1) legal capacity and capacity to act of subjects of the economic relations is determined by the legislation of the state 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 6. The documents made or certified by organization or specially authorized person within their competence in the established form in the territory of one of the states are accepted by Arbitration Courts in the territory of other state without any special confirmation.
Article 7. The Supreme Arbitration Courts of the State Parties of the Agreement take measures to settlement of the matters of argument arising in connection with execution of this agreement; provide mutual knowledge of the current legislation of the states, practice of its application; perform studying of work experience of Arbitration Courts of two states for the purpose of elimination of contradictions in the legislation governing the economic relations, approvals of actions on the most important and matters of principle, ensuring the maximum standardization of the legislation, unity of practice of permission of economic disputes.
Article 8. The parties will take necessary measures to the conclusion of interstate agreements on procedure for consideration of disputes of business entities, one of which is in the territory of other state.
Article 9. The agreement is constituted in duplicate which text is identical and has identical legal force.
Change and amendment of this agreement are made by mutual consent of the parties which signed the Agreement.
It is made in Moscow on March 27, 1992.
On behalf of the Supreme Arbitration Court of the Republic of Kazakhstan Chief state arbitrator of the Republic of Kazakhstan I. A. Teterkin
Chairman of the Supreme Arbitration Court of the Russian Federation
V. F. Yakovlev
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