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AGREEMENT

of July 6, 1992

About the status of Economic Court of the Commonwealth of Independent States

(Protocol as amended of 13.09.2017)

The State Parties of this agreement, the hereinafter referred to as State Parties, for the purpose of establishment of the status of Economic Court of the Commonwealth of Independent States formed according to article 5 of the Agreement of Council of heads of states of the Commonwealth of Independent States about measures for ensuring improvement of calculations between the economic organizations of the countries of participants of the Commonwealth of Independent States of May 15, 1992 agreed as follows:

Article 1

Approve the enclosed Regulations on Economic Court of the Commonwealth of Independent States as integral part of this agreement.

Article 2

Establish quota of number of judges from the State Parties chosen (appointed) in register judges of Economic Court of the Commonwealth of Independent States in number of two people.

Article 3

The place of stay of Economic Court of the Commonwealth of Independent States is the city of Minsk, Republic of Belarus.

Article 3.1

Financing of Economic Court of the Commonwealth of Independent States is performed by the State Parties from the single budget of bodies of the CIS at the expense of contributions which size is determined by Council of Heads of Government of the Commonwealth of Independent States.

Article 3.2

The economic Court of the Commonwealth of Independent States performs the activities for consideration of specific cases in the ad hoc format.

The chairman of Economic Court of the Commonwealth of Independent States performs activities for the place of stay of Economic Court of the Commonwealth of Independent States on permanent basis.

The economic Court of the Commonwealth of Independent States gathers in the place of stay for consideration of specific cases in structure of chambers from three judges.

Article 4

This agreement for the states which signed this agreement becomes effective from the date of its signing. For the states which legislation requires ratification of such agreements, – from the date of delivery of instruments of ratification to depositary.

This agreement after its entry into force is open for accession of any State Party of the Commonwealth of Independent States by transfer to depositary of the document on accession.

For the joining state this agreement becomes effective after 30 days from the date of receipt by depositary of the document on accession.

This document is signed by the State Parties of the CIS: Azerbaijan Republic, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Republic Kyrgyzstan, Russian Federation, Republic of Tajikistan, Republic Georgia.

The agreement is signed by the Republic of Moldova except for of the paragraph 3 Items 3 of the Provision and taking into account transfer of disputes over the consent of the states.

The agreement is not signed by Turkmenistan and Ukraine.

Approved by the Agreement of Council of heads of states of the CIS of July 6, 1992

Regulations on Economic court of the Commonwealth of Independent States

1. The economic Court of the Commonwealth of Independent States (daleeekonomichesky Court) is created for the purpose of ensuring uniform application of agreements of the State Parties of the Commonwealth of Independent States and the economic obligations and agreements by the dispute resolution following from the economic relations based on them.

2. The organization, procedure for activities, competence of Economic Court are determined by interstate agreements and this Provision. The procedure of the dispute resolution is established by the Regulations approved by the Plenum of Economic Court of the Commonwealth.

3. Permission of interstate economic disputes belongs to maintaining Economic Court:

the economic obligations provided by agreements, decisions of Council of heads of states, Council of Heads of Government of the Commonwealth arising in case of execution (further - acts of the Commonwealth) and other its institutes;

about compliance of the normative and other acts of the states of members of the Commonwealth adopted on economic problems, agreements and other acts of the Commonwealth.

By agreements of the State Parties of the Commonwealth other disputes connected with execution of agreements and other acts of the Commonwealth adopted on their basis can be carried to maintaining Economic Court.

Disputes are considered by Economic Court according to the statement of the interested states on behalf of their authorities, institutes of the Commonwealth.

The economic Court cannot refuse the dispute resolution behind absence or ambiguity of the rule of law which is subject to application.

4. By results of consideration of dispute the Economic Court makes the decision in which the fact of violation by the State Party of agreements is determined, of other acts of the Commonwealth and its institutes (or lack of violation) and measures which are recommended to be accepted to the relevant state for the purpose of elimination of violation and its effects are determined. The state on which the judgment is made provides its execution.

The judgment shall correspond to provisions of agreements and other acts of the Commonwealth of Independent States, and also applicable regulations.

5. The economic Court performs interpretation:

applications of provisions of agreements, other acts of the Commonwealth and its institutes;

acts of the legislation of the former USSR for their mutually agreed application, including about admissibility of application of these acts, as not contradicting agreements and other acts of the Commonwealth adopted on their basis.

Interpretation is performed in case of decision making on specific cases, and also on requests of the supreme authorities and managements of the states, institutes of the Commonwealth, the supreme economic, Arbitration Courts and other supreme bodies resolving economic disputes in the states.

6. It is excluded according to the Protocol of 13.09.2017.

7. The register of judges of Economic Court is created of number of the persons who are qualified professionals in the field of international law, conforming to requirements, as a rule, imposed for appointment to the highest judicial positions or executive positions of public service in the field of the right.

Judges of Economic Court are elected (are appointed) in the register of judges of Economic Court according to the procedure, provided in the State Parties, for a period of ten years. The adequate notice about election (appointment) of judges goes the State Party to Economic Court for inclusion in the register of judges.

Powers of the judge of Economic Court stop on the following bases:

termination of activities of Economic Court;

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