Agreement on mutual recognition of the rights and regulation of the relations of property
of October 9, 1992
The State Parties of this agreement which further are referred to as the Party
understanding need of creation of the precepts of law preventing mutual claims and guaranteeing protection of the property rights of the Parties, their citizens and legal entities
confirming need of regulation of the property rights as bases for adjustment of the full-fledged interstate relations,
for the purpose of creation of conditions for effective development of production and preserving single technological complexes,
agreed as follows:
Article 1. The parties mutually recognize the transition to their property of property, including financial resources, the companies, organizations, the organizations of their structural units and divisions of the former allied subordination located in the territories of the Parties performed according to their national legal system.
Article 2. Each of the Parties recognizes the property rights of other Party, her citizens and legal entities in relation to the companies located in its territory, organizations, the organizations and other objects (branches, shares, shares, shares and other property) which were for December 1, 1990 under authority of state bodies of other former federal republics as a part of USSR, and also being property of other legal entities and physical persons, except for the objects constructed for the purpose of mitigation of consequences of force majeur circumstances.
Article 3. The property rights to the earth and other natural resources are regulated by the legislation of the Party in the territory of which there are property objects if other is not provided by other agreements of the Parties.
Article 4. The parties are mutually recognized that the objects which are in their territory (or respective shares of participation) social sferysanatoriya, sanatorium dispensary, houses and recreation facilities, boarding houses, hotels and campings, tourist bases, child care improving facilities, - the construction of which was performed at the expense of means of republican budgets of other Parties, and also means of the companies and the organizations of republican and former allied subordination located in the territories of other parties are property of these Parties or their legal entities and physical persons.
Other objects of the social sphere can be subject of this Agreement on the mutual arrangement of the Parties.
The parties consider it expedient to provide in the territory the parcels of land in use, ownership and the order as for the operating, and created objects of the social sphere to other Parties, their legal entities and physical persons. Provision of the parcels of land to other Party, and also payment for their use are performed in accordance with general practice determined by the legislation of the Side of the location of object.
Article 5. Regulation of property questions of Armed Forces, border, internal and railway troops, and also passenger and delivery courts of the former Ministry of navy is performed by special agreements between the Parties.
The realization of provisions of this Article is enabled by state bodies, authorized to dispose of state-owned property of each of the Parties, according to the legislation of the Side of the location of objects of property if other is not provided by other agreements of the Parties.
Article 7. The parties agreed to promote preserving earlier created companies, the organizations and societies with equity or joint pattern of ownership of the Parties, including joint-stock companies.
If the ministry acted as the founder of such companies, organizations and societies which property is located in the territory of the Parties, department of the former USSR or the company of the former allied subordination, their constituent documents are subject to refining by bodies, authorized to manage state-owned property according to the legislation of the Side of the location of the company, the organizations and societies specified in the first part of this Article.
Article 8. The parties will create according to the joint decision of bodies, authorized to dispose of state-owned property, the companies with equity and joint pattern of ownership, including based on the companies, the organizations and organizations of the former allied subordination and their structural divisions which are in the territories of the Parties.
Procedure for organization and activities of the specified companies it is regulated by the legislation of the Party in the territory of which they are created if other is not provided by other agreements of the Parties.
Article 9. The parties agreed that the objects of construction in progress which are in their territory and financed earlier by bodies of the former USSR according to the decision of the Side of the location of object can be transferred to the equity and joint possession of the Side of the location of object and other Parties, their legal entities who undertook obligations in completion of works with creation based on property of these objects of joint businesses. The decision on the matter is made by bodies of the Parties, authorized to dispose of state-owned property.
Article 10. The parties will provide free transfer after tax payment and charges, stipulated by the legislation Sides of the location of the company, the organization, organization, legally gained income and payments in connection with activities of the joint businesses and companies which are property of other Parties, their legal entities and physical persons.
Article 11. Privatization of the objects relating to property of one of the parties and located in the territory of other Party is performed according to the decision of the owner. The procedure and conditions of privatization are determined by the agreement between bodies of the Parties, authorized to dispose of state-owned property.
Article 12. The parties agreed that legal status of earlier created companies recognized based on this agreement as property of one Party and located in the territory of other Party is determined by protocols between bodies of the Parties, authorized to dispose of state-owned property.
Article 13. Activities of the companies, organizations, organizations and other objects listed in Article 2 of this agreement are regulated according to the laws of the Parties in the territory of which they are located if other is not provided by other agreements of the Parties.
Article 14. The parties are recognized that property rights on objects of the centralized services created within the Commonwealth of Independent States are regulated by special agreements of the Parties.
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