Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

AGREEMENT BETWEEN THE REPUBLIC OF BELARUS AND EURASIAN ECONOMIC UNION

of April 29, 2016

About conditions of stay of Court of the Eurasian Economic Union in the territory of the Republic of Belarus

The Republic of Belarus and the Eurasian Economic Union which are hereinafter referred to as with the Parties

being guided by the conventional principles and rules of international law,

based on the Agreement on the Eurasian Economic Union of May 29, 2014,

considering that the place of stay of Court of the Eurasian Economic Union is the city of Minsk,

for the purpose of providing the high status of Court of the Eurasian Economic Union and creation of proper conditions for its activities in the territory of the Republic of Belarus

agreed as follows:

I. General provisions

Article 1

For the purposes of this agreement the stated below terms have the following values:

archives of Court – documents, the cases considered by Court, the personal records of officials and employees, correspondence, reports, manuscripts, electronic databases, pictures, films and records belonging to Court or which are in ownership of Court;

state of stay – Republic of Belarus;

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

officials – the citizens of state members of the Union appointed to positions of the head of the Secretariat of Court, deputy managers of the Secretariat of Court and advisers to judges;

the interested disputing party – state member of the Union, the Eurasian economic commission;

property of Court – all property, including money and other assets, acquired (created) by budget funds of the Union and being in ownership, use and the court order in the limits provided by the Agreement on the Union and the acts of bodies of the Union entering the right of the Union necessary in case of accomplishment of its official functions by Court;

court houses – buildings or parts of buildings (to whoever belonged the property right to them) used as service premises of Court (including the parcel of land servicing this building or part of the building), and also for accommodation of judges, officials and employees;

appropriate authorities – state bodies of the Republic of Belarus;

employees – persons working in Court based on the contracts signed with them, except for officials and technicians of the Secretariat of Court;

The union – the Eurasian Economic Union;

Statute – Statute of Court of the Eurasian Economic Union (appendix No. 2 to the Agreement on the Union);

Court – Court of the Eurasian Economic Union;

the judge – the judge of Court appointed according to Item 10 of the Statute, including elected to position of the Chairman of justices or vice-chairman of Court;

technicians of the Secretariat of Court – persons performing functions on servicing of Court;

participants of process – the party of dispute, the applicant interested the disputing party, their representatives, experts including experts of specialized groups, specialists, witnesses, translators;

members of the family of employees – the spouse (spouse) and minor children who are constantly living together with employees;

members of families of judges, officials – the spouse (spouse), minor children and persons which are dependent on judges, officials who are constantly living with judges, officials.

Article 2

According to the Statute the Court has the rights of the legal entity and, in particular, has the right:

sign agreements;

have the isolated property;

acquire and perform the property and personal non-property rights and obligations;

open and manage bank accounts in any currency;

have seal and forms of the established sample;

without any limit and conditions to perform converting of any currency which is available on its accounts and Belarusian rubles in any other currency;

transfer the money within the Republic of Belarus or from the Republic of Belarus to other states and vice versa;

protect the interests in court.

The rights provided by this Article are performed by Court taking into account provisions of the Agreement on the Union and this agreement.

Article 3

All persons using privileges and immunities according to this agreement shall without prejudice to their privileges and immunities to respect the legislation of the Republic of Belarus. They also not interfere with internal affairs of the Republic of Belarus.

Article 4

The state of stay guarantees non-interference from appropriate authorities to activities of Court for administration of law.

The Republic of Belarus does not interfere with implementation of international cooperation by Court within realization of the functions assigned to it.

Representatives of appropriate authorities treat Court, judges, officials and employees, and also to members of their families with due respect and take measures for the prevention of any infringement of their honor and advantage.

Appropriate authorities take measures for safety of judges, officials and employees, and also members of their families if from Court, the judge, the official, the employee or members of their families the corresponding address arrives.

Ensuring protection of property of Court and premises of judges, officials and staff of Court is performed by appropriate authority on contractual basis.

The expenses connected with protection of the court houses used for the official purposes and rooms used for accommodation of judges are performed by budget funds of the Union.

II. Privileges and immunities of court

Article 5

The property and assets of Court use immunity from any form of administrative or judicial intervention, except as specified, when the Court itself refuses immunity.

Court houses, its archives and documents, including office correspondence and also belonging to Court or being in use of Court for the purposes of execution of the functions by Court based on civil agreements vehicles regardless of the location, are not subject to search, requisition, confiscation or any other form of intervention.

Representatives of appropriate authorities cannot enter court houses differently as with the consent of the Chairman of justices or person replacing it, and on the conditions approved by them except as specified of the fire or other circumstances requiring immediate measures of protection.

Execution of any actions except for specified in paragraph three of this Article according to the decision of appropriate authorities can take place in court houses only with the consent of the Chairman of justices or person replacing it.

Court houses cannot serve as shelter for persons pursued under the laws of any of state members of the Union or subjects to issue to the state member of the Union or the state which is not the member of the Union.

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