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DECISION OF THE SUPREME EURASIAN ECONOMIC COUNCIL

of December 23, 2014 No. 101

About approval of Regulations of Court of the Eurasian Economic Union

According to Item 13 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. Approve the enclosed Regulations of Court of the Eurasian Economic Union.

2. 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

/ Signature /

 

from the Russian Federation

/ Signature /

from the Republic of Kazakhstan

/ Signature /

 

Approved by the Decision of the Supreme Eurasian economic council of December 23, 2014, No. 101

Regulations of Court of the Eurasian Economic Union

These Regulations determine procedure and conditions of the organization of activities of Court of the Eurasian Economic Union for the purpose of implementation of the Agreement on the Eurasian Economic Union of May 29, 2014.

Article 1 of Determination

The concepts used in these Regulations mean the following:

"the act of Court" - the judgment, the advisory proceeding of Court or the court order;

"Agreement" - The agreement on the Eurasian Economic Union of May 29, 2014;

"claim" - the statement for appeal of the decision of Board of Court in Appeal chamber of Court;

"the interested disputing party" - state member of the Union, the Commission;

"applicant" - state member of the Union, body of the Union, employees and officials of bodies of the Union and Court according to Item 46 of the Statute of Court which file petition for explanation;

"the statement for explanation" - the statement, stipulated in Item 46 Statutes of Court;

"statement" - the statement of the state of the member of the Union or business entity on the disputes specified in Item 39 of the Statute of Court;

"claimant" - state member of the Union or business entity according to Item 39 of the Statute of Court;

"Commission" - the Eurasian economic commission which is permanent regulating authority of the Union;

"the advisory proceeding of Court" - the act of Court adopted by results of consideration of the application about explanation;

"bodies of the Union" - bodies of the Union, except for the Vessels determined in article 8 of the Agreement;

"defendant" - state member of the Union, the Commission;

"court order" - the act of Court which is taken out during implementation of legal proceedings on points of order of activities of Court;

"judgment" - the act of Court which is taken out by results of consideration of the case, provided by Items 104 - 110 Statutes of Court;

"Union" - the Eurasian Economic Union founded according to the Agreement;

"Statute of Court" - The statute of Court of the Eurasian Economic Union which is appendix No. 2 to the Agreement;

"parties" - the claimant and the defendant in the dispute considered in Court;

"Court" - the Court of the Eurasian Economic Union which is permanent judicial authority of the Union.

Article 2 Legal Proceedings Language

1. All documents are brought into Court in Russian or with appendix of their certified transfer into Russian.

Correctness of transfer of documents makes sure the translator according to the legislation of the state in the territory of which transfer is executed.

2. Legal proceedings are performed in Russian. The persons who are participating in case and not knowing Russian, having the right to offer explanations in other language and to use translation service.

Chapter I. General questions of the organization of activities of Court

Article 3 Organization of Activities of Court

On the questions which are not connected with the justice implementation provided by the Statute of Court, these Regulations and also on other questions of organizational nature brought by the Chairman of justices plenary sessions of Court according to the procedure, determined by the Chairman of justices are held.

Results of plenary meeting are drawn up by the relevant protocol.

Article 4 Bringing of the Oath

In case of assumption of office the judge of Court (further - the judge) at the plenary session of Court takes the oath of the following content: "Solemnly I swear fairly and to honesty fulfill the duties, to be impartial and fair as the judge's debt orders to me".

Article 5 Election of the Chairman of Justices and his deputy

1. The chairman of justices and his deputy are elected to positions from among all judges taking into account Item 15 of the Statute of Court by the complete list of judges by secret vote.

2. Each judge has one voice which shall be given for one of candidates for position of the Chairman of justices.

The refusal of vote is not allowed.

3. Elected to position of the Chairman of justices is considered the judge who gathered majority of votes from the complete list of judges.

4. In case of equality of votes repeated vote concerning the judges who got the maximum number of votes is taken. The electee during the repeated vote the candidate who received bigger number of votes in comparison with other candidates is considered.

5. Election of the vice-chairman of Court is performed according to the procedure, provided by this Article for election of the Chairman of justices, after election of the Chairman of justices.

6. Results of election of the Chairman of justices and his deputy are drawn up by the protocol which is signed by all judges and goes to the Supreme Eurasian economic council (further - the Supreme council).

Article 6 Initiative about the termination of powers of the judge

1. The initiative of state member of the Union (further - state member) about the termination of powers of the judge provided to them on the bases, stipulated in Item 12 Statutes of Court, is implemented by means of the direction of the corresponding written appeal to the Supreme council with appendix of necessary documents what the Chairman of justices is informed on.

2. The initiative of Court about the termination of powers of the judge on the bases, stipulated in Item 12 Statutes of Court, is implemented by means of the direction by the Chairman of justices of the corresponding written appeal to the Supreme council with appendix of the relevant protocol signed by all judges (except for the judge concerning whom the termination of powers is initiated), and necessary documents.

3. The judge's initiative about the termination of the powers of the bases, stipulated in Item 12 Statutes of Court, is implemented by means of the direction of the corresponding written address with appendix of necessary documents to the Chairman of justices who submits it for consideration of the Supreme council.

Article 7 of the Effect of the termination of powers of the judge

1. In case of the termination of powers of the judge who is part of Big board of Court, according to the procedure, stipulated in Article 6 these Regulations proceeedings about the dispute resolution and on the case of explanation stop to assumption of office of the new judge.

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