ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 17, 2017 No. 25

About measures for execution of articles 10 and 14 of the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan about parallel work of power systems of the states of Central Asia signed on June 17, 1999 in the city of Bishkek

In order to avoid contradictory practice of application of articles 10 and 14 of the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan about parallel work of power systems of the states of Central Asia signed on June 17, 1999 in the city of Bishkek according to part 2 of article 32 of the Law of the Kyrgyz Republic "About international treaties of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve explanation of procedure for execution of articles 10 and 14 of the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan about parallel work of power systems of the states of Central Asia signed on June 17, 1999 in the city of Bishkek (further - explanation), according to appendix to this resolution.

2. To the State Tax Service under the Government of the Kyrgyz Republic to be guided by explanation for the purpose of ensuring control of observance of the tax legislation by "National Power Grid of Kyrgyzstan" open joint stock company.

3. To impose control of execution of this resolution on department of finance and credit policy and department of the industry, fuel and energy complex and subsurface use of Government office of the Kyrgyz Republic.

4. This resolution becomes effective after seven days from the date of official publication.

Appendix

Explanation of procedure for execution of articles 10 and 14 of the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan about parallel work of power systems of the states of Central Asia signed on June 17, 1999 in the city of Bishkek

Article 14 of the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic, the Government of the Republic of Tajikistan and the Government of the Republic of Uzbekistan about parallel work of power systems of the states of Central Asia signed on June 17, 1999 in the city of Bishkek (further - the Agreement), provide entry into force of the Agreement from the moment of its signing, and also is determined that the Agreement is signed for a period of five years and will be prolonged automatically for the subsequent five-year periods if the Parties do not make other decision.

The principles and rules of international law are the regulations stated in Articles of organization of the United Nations of June 26, 1945, the Declaration on the principles of international law concerning friendship and cooperation between the states according to Articles of organization of the United Nations (It is accepted by the resolution 2625 (XXV) of the United Nations General Assembly of October 24, 1970), the Charter of the Commonwealth of Independent States of January 22, 1993, become effective for the Kyrgyz Republic since December 18, 1993 based on the resolution of Jogorku Kenesh of the Kyrgyz Republic of December 18, 1993 No. 1346-XII, the Vienna convention on the right of international treaties of May 23, 1969 which the Kyrgyz Republic joined according to the Law of the Kyrgyz Republic of July 5, 1997 No. 49.

It should be noted that the Agreement is the international treaty, one of the parties of which is the Kyrgyz Republic as answers the determination of the term "Agreement" fixed by article 2 of the Vienna convention on the right of international treaties, meaning the "international agreement" signed between the states in writing and regulated by international law irrespective of whether such agreement contains in one document, in two or several documents connected among themselves, and also irrespective of its specific name.

The agreement is the international treaty and according to provisions of the Law of the Kyrgyz Republic "About international treaties of the Kyrgyz Republic" of April 24, 2014 64, Article 2 of which it is provided No. that the international treaty of the Kyrgyz Republic is the international treaty which entered in the procedure established by the law and other regulatory legal acts of the Kyrgyz Republic force which participant is the Kyrgyz Republic, representing the equitable and voluntary agreement of the Kyrgyz Republic with one or several states, the international organizations or with other subjects of international law concerning the rights and obligations in the field of the international relations.

Article 11 of the Vienna convention on the right of international treaties determines methods of expression of consent of the state to obligation of execution of the international treaty which can be expressed by means of agreement signature, exchange of the documents forming the agreement, ratification of the agreement, its acceptance, approval, accession to it or any other method with which the parties agreed.

According to the conventional principles of international law methods of expression by the state of the consent to be bound of accomplishment of the international treaty have identical legal force and attract identical legal effects. Application of one of such methods excludes in subsequent possibility of application of other method as consent is already expressed.

In the Agreement the method of expression of consent to be bound of its application by the Kyrgyz Republic, such as signing is specified that answers provisions of article 12 of the Vienna convention on the right of international treaties, and also the legislation of the Kyrgyz Republic regulating procedure for the conclusion and entry into force of international treaties.

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