of July 5, 2010 No. 502
About new edition of the Statute of Court of the Eurasian economic community approved by the Decision of Interstate Council of EurAsEC of April 27, 2003 No. 122, and the draft of the Protocol on introduction of amendments to the Agreement between the Commonwealth of Independent States and the Eurasian Economic Community about accomplishment by Economic Court of the Commonwealth of Independent States of functions of Court of Eurasian economic community of March 3, 2004
For the purpose of implementation of the Decision of Interstate Council of EurAsEC (at the level of heads of states) of November 27, 2009 No. 457 "About commissioning of the Statute of Court of Eurasian economic community", Interstate Council of Eurasian economic community (at the level of heads of states) solved:
1. Accept the Statute of Court of Eurasian economic community in the new edition it (is applied).
2. Approve the draft of the Protocol on introduction of amendments to the Agreement between the Commonwealth of Independent States and the Eurasian Economic Community about accomplishment by Economic Court of the Commonwealth of Independent States of functions of Court of Eurasian economic community of March 3, 2004 it (is applied).
3. Authorize the Secretary general of Eurasian economic community Mansurova Tyra Aymukhametovicha to sign the Protocol specified in Item 2 of this Decision, having granted it the right to make the changes which do not have basic nature to the text.
4. To integration Committee of EurAsEC to prepare the draft of the international treaty mentioned in Item 3 of article 14 of the Statute the Vessels EurAsEC and to submit it for consideration of Chapters of state members of EurAsEC till January, 2011.
Members of Interstate Council of EurAsEC:
From the Republic of Belarus
From the Republic of Kazakhstan
From the Kyrgyz Republic
From the Russian Federation
From the Republic of Tajikistan
The state members of Eurasian economic community (далееЕврАзЭС) which are hereinafter referred to as with the Parties
based on the Constitutive treaty of Eurasian economic community of October 10, 2000 and the Protocol on introduction of amendments to the Constitutive treaty of Eurasian economic community of October 6, 2007,
proceeding from need of ensuring proper accomplishment of the international treaties signed within EurAsEC and the Customs union within EurAsEC (further - the Customs union),
agreed as follows:
The court of Eurasian economic community (further - Court) is formed and is effective according to article 8 of the Constitutive treaty of Eurasian economic community of October 10, 2000 (further - the Agreement) and with this Statute of Court of Eurasian economic community (further - the Statute of Court).
The court performs the activities on the basis of the following principles:
a) independence of judges;
b) publicity of trial;
c) equality of the parties;
e) collective nature.
About two judges from each Party are part of Court.
Term of office of the judge - six years.
Judges shall have high moral qualities and conform to requirements imposed for appointment to positions of judges of the Supreme and/or supreme Arbitration, economical Courts of the Parties, and also being qualified professionals in the field of the international and internal law, in particular in the field of regulation of foreign economic activity and customs legal relationship.
1. Judges are appointed and dismissed by Inter-parliamentary Assembly of EurAsEC on representation of Interstate Council of EurAsEC (at the level of heads of states).
2. The judge in case of assumption of office makes the solemn statement at meeting of Inter-parliamentary Assembly of EurAsEC that he will fulfill the duties without prejudice and honesty.
3. Powers of the judge can stop on the following bases:
a) termination of activities of Court;
b) expiration of powers of the judge;
c) the written application of the judge about resignation;
d) the written application of the judge about the termination of its powers in connection with job change or for other reasons - requires additional consideration;
e) inability for health reasons or on other reasonable excuses to perform powers of the judge;
e) occupation activities not compatible to judgeship;
g) losses by the judge of nationality of the Party from which he was appointed;
h) making by the judge of the serious misconduct not compatible to the high status of the judge;
i) the introduction in legal force of conviction of court against the judge or the judgment on application to it enforcement powers of medical nature;
j) the introduction in legal force of the judgment about legal incapacity of the judge or about recognition by its incapacitated;
k) the death of the judge or the introduction in legal force of the judgment about the announcement by his dead or it is unknown absent.
1. Judges cannot represent the interests of any state or interstate bodies and organizations, commercial structures, political parties and movements, and also the territories, the nations, nationalities, social and religious groups and individuals.
Judges have no right to be engaged in any activities connected with receipt of the income except scientific, creative and teaching.
2. The judge cannot participate in permission of any case in which he participated in quality of the representative, attorney or lawyer of one of the parties earlier, or the member national or international court, commission of inquiry or in any other quality.
3. Availability of the circumstances specified in Item 2 of this Article is the basis for removal (rejection) of the judge.
The privileges and immunities provided to officials of bodies of EurAsEC according to the Convention on privileges and immunities of Eurasian economic community of May 31, 2001 extend to judges of Court and members of their families. If necessary the additional amount of privileges and immunities for judges can be established by the agreement of the Parties.
On judges the Vessels EurAsEC after their powers, in case of resignation shall extend guarantees, stipulated by the legislation state members of EurAsEC for chairmen Supreme, the highest economic (arbitral, economic) courts.
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