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The agreement on interstate examination of the construction projects which are of mutual interest to the State Parties of the Commonwealth of Independent States

of January 13, 1999

The State Parties of the Commonwealth of Independent States on behalf of the governments which are hereinafter referred to as with the Parties

attaching importance to integration processes in the field of social and economic development of the states,

proceeding from provisions of the Agreement on cooperation in the field of investing activities of December 24, 1993, the Convention on protection of the rights of the investor of March 28, 1997, Agreements on cooperation in construction activities of September 9, 1994 and the Concept of economic integration development of the Commonwealth of Independent States of March 28, 1997, agreed as follows.

Article 1.

For the purposes of this agreement the following terms mean:

state examination - stage of state regulation of investment process for the purpose of establishment of compliance of construction projects to requirements of the legislation of the Party, to conditions of prevention of damage to the rights and interests of citizens, legal entities protected by the law and the states, and also for the purpose of control of observance of social and economic and nature protection policy;

interstate examination - stage of state regulation of investment process in creation of the objects which are of interest to two and more Parties irrespective of sources of financing, patterns of ownership and accessory of objects for the purpose of establishment of compliance of the planned construction projects to the conditions and requirements provided by normative and legal acts of the Parties, identifications and acceptances of necessary measures to prevention of possible damage to concerned parties in case of realization of object of examination;

the construction project (object of examination) - any of elements of the investment project of construction (reconstruction, modernization, etc.) the companies, buildings or constructions, including the reasons for investment, the feasibility statement, the project and other types of documentation connected with designing and construction of facilities, being of interest to two and more Parties;

expert body - the body of state examination authorized by the Party to perform state examination of all parts of construction projects (complex examination) according to normative and legal acts of the Party;

basic expert body - the expert body ensuring creation and functioning of the interstate expert group consisting of representatives of expert bodies of the concerned parties and other experts involved to conducting examination

Article 2.

The party in the territory of which the construction project is performed independently makes the decision on conducting its interstate examination, including in case of the written appeal of other Party (Parties) on conducting such examination, except cases when conducting interstate examination is provided by the international treaty which participant is the Party.

In case of project implementation of construction in the territories of the Parties object of interstate examination is determined by mutual consent of concerned parties.

Article 3.

The parties provide the organization and conducting interstate examination of construction projects through the expert bodies according to the Regulations on procedure for conducting interstate examination of construction projects (further - the Provision) which are integral part of this agreement.

Article 4.

Expert bodies of concerned parties form interstate expert group on each object of interstate examination. At the same time expert body is the body of the Party in the territory of which project implementation of the construction which is of mutual interest to the Parties is provided.

In case of project implementation of construction in the territories of two and more Parties the basic expert body is determined by mutual consent of concerned parties.

Article 5.

Coordination and control of implementation of provisions of this agreement is imposed on the central state bodies by construction of the Parties, and also Intergovernmental council on cooperation in construction activities which annually represents the report on the agreement performance course to Interstate economic committee of Economic union.

Article 6.

This agreement does not affect situations of other international treaties which participants are the Parties.

Article 7.

Additions and changes by common consent the Parties which are drawn up by separate protocols which become effective according to the procedure, stipulated in Article the 9th this agreement can be made to this agreement.

Article 8.

The matters of argument connected using and interpretation of Articles of this agreement, are permitted by consultations and negotiations of the central state bodies by construction of the Parties.

In case of impossibility to settle matters of argument by negotiations of the Party appeal to Economic Court of the Commonwealth of Independent States or other competent international degrees of jurisdiction.

Article 9.

This agreement becomes effective from the date of its signing, and for the Parties which legislation requires accomplishment of interstate procedures, - from the date of delivery of the adequate notice to depositary.

Article 10.

This agreement is effective within 5 years from the date of its entry into force. After this term the Agreement is automatically prolonged every time for the five-year period if the Parties do not make other decision.

Article 11.

Each Party can leave this agreement, having sent the written notice of it to depositary not later than 6 months to exit.

Article 12.

This agreement is open for accession of other states dividing its provisions by transfer to depositary of documents on accession.

It is made in the city of Saratov on January 13, 1999 in one authentic copy in Russian. The authentic copy is stored in the Executive Secretariat of the Commonwealth of Independent States which will send to each state which signed this agreement, its verified copy.

Note. The agreement is signed by Ukraine with clause: "Except for considerations of disputes in Economic court of the CIS".

The agreement is not signed by the Azerbaijan Republic, Turkmenistan, the Republic of Uzbekistan.

Appendix

to the Agreement on interstate examination of the construction projects which are of mutual interest to the State Parties of the Commonwealth of Independent States of January 13, 1999

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