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DECISION OF THE SUPREME EURASIAN ECONOMIC COUNCIL

of October 10, 2014 No. 85

About determination of the size, the payment currency, procedure for transfer, use and duty drawback paid by business entities in case of appeal to the court of the Eurasian Economic Union

(as amended of the Decision of the Supreme Eurasian economic council of 21.12.2015 No. 40)

According to Item 65 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) the Supreme Eurasian economic council at the level of heads of states Solved:

1. In case of appeal to the court of the Eurasian Economic Union (further – Court) before filing of application the business entity pays duty in the amount of 37 000 Russian rubles which is enlisted into the deposit account of Court. The specified size of duty is applied in 2015.

2. Determine that annually, since January 1, 2016, adjustment of the size of the duty specified in Item 1 of this Decision according to the index of growth of consumer prices predicted by preparation of the budget statement of the Eurasian Economic Union for the corresponding financial year is made.

The draft decision of the Supreme Eurasian economic council about approval of the size of duty is introduced by the Eurasian economic commission for consideration at meeting of the Supreme Eurasian economic council along with the budget statement of the Eurasian Economic Union for the corresponding financial year.

3. If the duty was brought by business entity in bigger size, than stipulated in Item 1 this Decision, Court within 5 working days from receipt date of such duty the difference in the amount of exceeding returns to the deposit account of Court.

If the duty was brought by business entity in smaller size, than stipulated in Item 1 this Decision, the statement of business entity is not taken cognizance by Court.

4. In case of satisfaction of requirements of business entity the duty paid to them is subject to return by a court decision within 10 working days from the effective date of such decision.

In case of receipt of the appeal of business entity about return of the paid duty before filing of application in Court and before the expiration of 3 years from the date of its payment such duty is subject to return within 10 working days from receipt date of the address.

The duty returns by transfer of the corresponding amount from the deposit account of Court to the account of business entity.

If within 3 years from receipt date of duty the business entity did not submit the petition for the deposit account of Court, means are transferred from the deposit account of Court into the special account of Court (further – the special account).

5. Approve the enclosed Regulations on forming of the special account of Court of the Eurasian Economic Union and use of the means arriving on it.

6. The reporting on movement of means on special and deposit accounts of Court is submitted in the Eurasian economic commission (further – the Commission) according to the procedure, provided for budget reports of managers (receivers) of means.

7. The commission prepares in accordance with the established procedure the decision of Eurasian intergovernmental council on use of means on the special account or the decision of the Supreme Eurasian economic council on offsetting of remaining balance of means on the special account on account of payment by state members of the Union of contributions to the budget of the Eurasian Economic Union.

8. This Decision becomes effective from the effective date Agreements on the Eurasian Economic Union of May 29, 2014.

Members of the Supreme Eurasian economic council:

from the Republic of Belarus

 

from the Russian Federation

from the Republic of Kazakhstan

 

Approved by the Decision of the Supreme Eurasian economic council of October 10, 2014 No. 85

Regulations on forming of the special account of Court of the Eurasian Economic Union and use of the means arriving on it

I. General provisions

1. This Provision determines procedure for forming of the special account of Court of the Eurasian Economic Union (further respectively – the special account, the Union), use and accounting of the means arriving into the special account.

2. The purpose of forming of the special account is accumulation of the means arriving in the form of the duties collected for the appeal of business entity to Court of the Union (further – Court) if requirements of business entity are not met.

II. Procedure for forming of the special account

3. The court opens the special account into which means according to this Provision are enlisted.

4. Means are transferred into the special account in Russian rubles.

5. If requirements of business entity are not met, the Court transfers from the deposit account the amount in the amount of the duties collected for the appeal of business entity to Court into the special account within 10 working days from the effective date of the relevant decision of Court.

III. Use of the means arriving into the special account

6. Accounting of the means arriving into the special account is performed by Court.

7. The means arriving into the special account are used on implementation of actions, answering the purpose and tasks of the Union, according to the decision of Eurasian intergovernmental council.

The means arriving into the special account cannot be used on content of bodies of the Union.

The remaining balance of means formed on the special account according to the decision of the Supreme Eurasian economic council is subject to offsetting in equal shares on account of payment by state members of the Union of contributions to the budget of the Union.

8. Control of use of the means arriving into the special account is performed during audits of financial and economic activities in accordance with the established procedure.

9. The court annually informs the Eurasian economic commission on receipt of funds on the special account.

10. In case of closing of the special account the decision on use of the remained means is made by Eurasian intergovernmental council.

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