Regulations of Economic court of the Commonwealth of Independent States
Approved by the Resolution of the Plenum of Economic Court of the Commonwealth of Independent States on July 10, 1997, No. 2
These Regulations determine procedure for procedural activities of Economic Court of the Commonwealth of Independent States (further Economic Court) by consideration of the disputes and requests on interpretation carried to its competence.
1. The basic concepts applied in these Regulations.
Acts of the Commonwealth - agreements, decisions, statements, addresses and other declarations of will of heads of states, heads of governments, and also acts adopted (published) bodies and institutes Commonwealth.
Bodies and institutes of the Commonwealth - the organizational structures of the Commonwealth created according to its Charter, and also agreements (decisions) of the State Parties of the Commonwealth.
Authority of the state - body or the official which owing to the national legal system of the state or special power has the right to represent the interests and to make actions on behalf of this state.
3. Activities of Economic Court for implementation of justice are not accountable and uncontrollable to any officials and bodies of the Commonwealth. The State Party of the Commonwealth cannot prevent activities of Economic Court because of disagreement with the position taken by Economic Court.
The agreement on the status of Economic Court of the Commonwealth of Independent States of July 6, 1992 (further - the Agreement on the status of Economic Court);
The charter of the Commonwealth of Independent States of January 22, 1993;
The agreement on creation of Economic union of September 24, 1993;
other agreements signed within the Commonwealth;
acts of the Commonwealth;
conventional principles of international law;
these Regulations and other documents regulating activities of Economic Court.
5. The parties of dispute or other persons interested in case in Economic Court the State Parties of the Commonwealth, bodies and institutes of the Commonwealth, and also other states can be if consideration of such dispute in Economic Court is provided by the international treaty and these Regulations.
6. The economic Court works constantly.
During judicial vacation (leaves of judges) one board which structure is determined by Economic Court is effective.
7. The economic Court is formed of equal number of judges from each State Party of the Agreement on the status of Economic Court.
Each judge shall in case of assumption of office at meeting of Economic Court take the oath of the following content: "Solemnly I swear fairly and to honesty fulfill the duties, to be impartial and fair as the debt of the judge and my conscience order".
When implementing justice of the judge dress cloaks. The description of cloak of the judge of Economic Court and procedure for its issue is determined by Economic Court.
9. Boards of Economic Court are created by complete structure of Economic Court from among judges of Economic Court in number of three or five judges for a period of one year for consideration of the disputes specified in Items 22 and 23 of these Regulations.
10. The chairman elected by complete structure of Economic Court from among the judges of Economic Court who are part of board directs activities of board of Economic Court.
Powers of the chairman of board are determined by these Regulations.
The judge of Economic Court - the member of board has one voice and has no right to abstain from vote in case of decision making on case. The decision of board is deemed accepted if the simple majority (50 percent + 1 voice) from number of the members of board making the decision on case voted for it. In case of equality of votes the decision for which the chairman of board voted is deemed accepted.
12. The complete structure of Economic Court consists of all judges of Economic Court.
The complete structure of Economic Court is competent to make decisions if at its meeting there is more than a half of the electees of the obligations of judges of Economic Court (appointed) and started execution.
The judge of Economic Court during the vote by complete structure of Economic Court has one voice and has no right to abstain from vote in case of decision making on case. The complete structure of Economic Court makes the decision by a simple majority vote (50 percent + 1 voice) from total number of the judges of Economic Court who are present at meeting. In case of equality of votes the decision for which the chairman of complete structure of Economic Court voted is deemed accepted.
Are part of the Plenum of Economic Court:
judges of Economic Court;
chairmen of the supreme economic (arbitral) courts of the states of agreement parties about the status of Economic Court or other highest state authorities resolving economic disputes in these states.
14. The chairman of Economic Court is the Chairman Plenuma of Economic Court. The secretary Plenuma of Economic Court is elected Plenum's members of Economic Court from its structure by a majority vote open voting for a period of five years.
15. The plenum of Economic Court is competent on condition of participation at its meeting at least two thirds of total number of his members. According to the proposal of the Chairman of Economic Court or at least one third of structure of the Plenum of Economic Court the emergency meeting of the Plenum of Economic Court is convened.
16. At meetings of the Plenum of Economic Court by the invitation of the Chairman of Economic Court there can be representatives of bodies, institutes of the Commonwealth and other persons.
17. The questions submitted for consideration of meeting of Plenum of Economic Court are prepared by the Chairman of Economic Court together with the secretary Plenuma of Economic Court. The questions requiring the immediate solution and also other questions join in the agenda of the regular and emergency meeting of Plenum of Economic Court according to the offer more than a half of members of Plenum of Economic Court, and also at the initiative of the Chairman of Economic Court.
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