of March 19, 2013 No. 46
About the Procedure for consideration of appeals of business entities about contest of Decisions of the Eurasian economic commission, their separate provisions or actions (failure to act) of the Eurasian economic commission
The board of the Euroasian economic commission decided:
1. Approve the enclosed Procedure for consideration of appeals of business entities about contest of decisions of the Eurasian economic commission, their separate provisions or actions (failure to act) of the Eurasian economic commission.
2. This Decision becomes effective after 30 calendar days from the date of its official publication.
V. B. Khristenko
Approved by the Decision of Board of the Eurasian economic commission of March 19, 2013, No. 46
1. This Procedure regulates the procedure of consideration in pre-judicial procedure for the appeals of business entities sent to the Eurasian economic commission (further - the Commission) according to Item 43 of the Statute of Court of the Eurasian Economic Union (appendix No. 2 to the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement)), for dispute settlement with the Commission on questions of realization of the powers by it.
2. For the purposes of this Procedure concepts which mean the following are used:
"failure to act" - failure to carry out by the Commission of the obligations provided by the Agreement or decisions of the Commission including rejection of the decision by the Commission if its acceptance is obligation of the Commission according to provisions of the Agreement or other international treaties within the Eurasian Economic Union;
"applicant" - the legal entity or physical person registered according to the legislation of state member of the Eurasian Economic Union or the third state as the entrepreneur (business entity);
"address" - the written application (claim) of the applicant which arrived in the Eurasian economic commission in which the applicant challenges the decision, its separate provisions or actions (failure to act) of the Eurasian economic commission;
"decision" - the decision of the Commission (The commissions of the Customs union) having normative and legal nature and directly affecting the rights and legitimate interests of the applicant in the field of business and other economic activity.
3. Consideration of addresses is performed by the Commission on the basis of the principles of legality, objectivity and openness.
4. Addresses which contain requirements about recognition of the decision, its separate provisions and (or) actions (failure to act) of the Commission not corresponding to the Agreement and international treaties within the Eurasian Economic Union (further - the Union), about violation of the rights granted to the applicant by the Agreement and international treaties within the Union, and also its legitimate interests in the field of business and other economic activity are subject to consideration.
5. Action of this Procedure does not extend to addresses:
on the questions concerning application of special protective, anti-dumping and countervailing measures in relation to the third countries;
on the questions concerning contest of decisions of the Commission on cases on violation of general competition rules in the cross-border markets;
carrying consulting and (or) information nature, containing request for making of any actions by the Commission and not containing the requirements specified in item 4 of this Procedure.
These addresses are considered by departments of the Commission within which competence the questions specified in the address are.
6. Acceptance, initial processing, accounting, registration, distribution of addresses and further work with them are performed according to Rules of internal document flow in the Eurasian economic commission, and also taking into account the Operating procedure with documents of limited distribution (confidential and for office use) in the Eurasian economic commission.
7. Appeals of business entities about contest of decisions, their separate provisions or actions (failure to act) of the Commission are submitted to Legal department of the Commission.
Collaborators according to addresses are departments of the Commission within which competence the questions specified in the address are.
8. Legal department of the Commission, collaborators consider the address within the requirements declared in it.
9. The address moves in the Commission in Russian in one of the following forms (at the choice of the applicant):
in document type on paper by the direction of the completed form of the address according to appendix;
in the form of the electronic document created by filling of the form of the address posted on the official site of the Union.
Requirements of the applicant and their reasons shall be stated short and clearly directly in appropriate sections of the form of the address so that there was opportunity to determine essence and amount of requirements of the applicant at stage of receipt of the appeal to the Commission on the basis of the completed form, without need to address amendments or appendices.
The address submitted in document type on paper is signed by the applicant or his representative whose powers are drawn up according to the legislation of state member of the Union (further - state member) or the third state in which the applicant is registered.
10. The power of attorney or other documents confirming powers of the applicant or his representative on signing of this address is attached to the address.
Can be also applied to the address:
the copy of the certificate on state registration of the legal entity or the physical person as the entrepreneur;
the documents confirming circumstances on which requirements of the applicant are based;
other documents and data proving requirements of the applicant.
The documents attached to the address (including the documents confirming powers of the applicant or his representative on signing of the address), are represented in Russian or in language of state member or the third state with the transfer into Russian certified in accordance with the established procedure.
If the applicant disputes actions (failure to act) of the Commission, in the address data on the previous appeals of the applicant to the Commission concerning question of making by the Commission of any actions are specified.
11. By consideration of the address are studied the following questions (are analyzed):
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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