On accession of the Republic of Kazakhstan to the convention on the protection and use of cross-border water channels and international lakes

Home / RLA / On accession of the Republic of Kazakhstan to the convention on the protection and use of cross-border water channels and international lakes

Law of the Republic of Kazakhstan dated October 23, 2000 No. 94-II

To accede the Republic of Kazakhstan to the convention on the protection and use of cross-border water channels and international lakes, concluded in Helsinki (Finland) on March 17, 1992.

President Of The Republic Of Kazakhstan

CONVENTION FOR THE PROTECTION AND USE OF CROSS-BORDER WATER CHANNELS AND INTERNATIONAL LAKES

(Entered into force on April 11, 2001-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

Made in Helsinki on March 17, 1992.

Introduction

The parties to this convention: - understanding that the protection and use of border water channels and international lakes are important and urgent tasks, the effective solution of which can only be ensured through close cooperation, - Expressing concern for the environment, economy and well-being of the member countries of the European Economic Commission (EEC) due to the negative impact of changes in the state of border water channels and international lakes in the short or long term and its risks, - stressing the need to strengthen national and international measures to prevent, limit and reduce the discharge of hazardous substances into the water body and reduce efftrofication and acidification, as well as pollution of the marine environment from sources located on land, especially in coastal areas, - welcoming the efforts currently being made by the governments of the EEC member countries on a bilateral and multilateral basis to strengthen cooperation for the prevention, restriction and reduction of border pollution, sustainable management of Water Resources, their conservation and Environmental Protection, - Referring to the relevant provisions and principles of the declaration of the Stockholm conference on human environment problems, the final act of the council for security and cooperation in Europe (OSCE), the final documents of the Madrid and Vienna meetings of representatives of the OSCE member states and the regional strategy for Environmental Protection and rational use of Natural Resources in the EEC member countries for the period up to 2000 and other documents, - understanding the role played by the United Nations Economic Commission for Europe in promoting international cooperation on the prevention and reduction of border water pollution and their sustainable use, and in this regard, the EEC Declaration on policy in the field of prevention and control of water pollution, including border pollution; EEC Declaration on policy in the field of rational use of Natural Resources; EEC principles of cooperation in the field of border waters; Recalling the EEC Charter on rational use of groundwater and the code of action in case of emergency pollution of border inland waters - with reference to the decisions taken by the European Economic Commission at its forty-second and forty-fourth sessions 1(42) and 1(44), respectively, and the conclusions of the council on Environmental Protection of representatives of the OSCE member states (Sofia, Bulgaria, October 16, 1989, - emphasizing that cooperation between member countries in the field of protection and use of border Waters should be carried out primarily through the conclusion of agreements between coastal countries bordering a particular body of water, especially when such agreements have not yet been reached, they agreed on the following:

Article 1 definitions

For the purposes of this convention: 1. "Boundary Waters" shall mean any surface or subsurface waters that cross the border between two or more states or are located within such boundaries; in cases where boundary waters flow directly into the sea, the limit of such Boundary Waters shall be limited to a straight line crossing their channel between points located on the line of small 2. "Boundary effect" refers to any significant harmful effects on the environment in an area under the jurisdiction of another party as a result of changes in the state of boundary waters, the natural source of which arises in whole or in part as a result of human activity under the jurisdiction of a particular party. Such effects on the environment include human health and safety; effects on flora, fauna, soil, air, water, climate, landscape, historical monuments and other material objects, or the influence of these factors on each other.; among them are also the consequences that arise for cultural heritage or socio-economic conditions due to changes in these factors. 3." party " means the Contracting Party of this convention, unless otherwise specified in the text. 4." coastal parties " means parties bordering certain border waters. 5." joint body " means any bilateral or multilateral Commission or other relevant organizational structures designed to cooperate between the coastal parties. 6. "Hazardous substances" are substances of a toxic, carcinogenic, mutagenic, teratogenic or bioaccumulating nature, especially when they are uniform. 7." best available technology " (the definition is given in Annex 1 to this convention)

SECTION I PROVISIONS FOR ALL PARTIES

Article 2 general provisions

1.The Parties shall take all appropriate measures to prevent, limit and reduce any border effects. 2. the parties, in particular: A) to prevent, limit and reduce the pollution of waters that have or may have a border effect; b) to ensure the use of border waters for the purpose of environmentally reasonable and rational management of Water Resources, their conservation and Environmental Protection; C) to ensure that the border waters are used in a reasonable and fair manner, taking into account the border nature of the border waters in carrying out activities that have or may have a border effect; d) take all appropriate measures to ensure the conservation of ecological systems and, if necessary, to restore them. 3.take measures to prevent, limit and reduce water pollution at the source of pollution, if possible. 4. These measures, whether indirect or indirect, should not lead to the transfer of pollution to other components of the environment. 5. when implementing the measures mentioned in Paragraphs 1 and 2 of this article, The Parties shall be guided by the following principles: A) the principle of taking precautions, in accordance with which measures to prevent the possible border effect of the exit of hazardous substances should not be postponed on the basis that scientific research has not fully established the causal relationship between these substances, on the one hand, and the possible border effect, on the other hand, on the basis of; b) the principle of" polluter pays", according to which the polluter reimburses the costs associated with measures to prevent, limit and reduce pollution; C) water management is carried out in such a way that the needs of the current generation are met without compromising the ability of future generations to meet their own needs. 6. Coastal parties cooperate on the basis of equality and interdependence through the conclusion of bilateral and multilateral agreements with the aim of developing coordinated policies, programs and strategies covering relevant water channels or parts of them to ensure and reduce the border impact, and for the purpose of protecting the environment of border waters under the influence of such waters, including the marine environment. 7.the application of this convention should not lead to either a deterioration in environmental conditions or an increase in the border effect. 8. The provisions of this Convention do not affect the rights of the parties to personally or jointly implement more stringent measures other than those provided for in this convention.

Article 3 prevention, restriction and reduction

1. in order to limit and reduce the Prevention of Border impact, the parties shall develop, approve, implement appropriate legal, administrative, economic, financial and technical measures and, if possible, in particular: a) prevent, limit and reduce, for example, in the export of pollutants using low-waste and non-waste technology; (b) protection of border waters from contamination of their point sources, prevention, restriction and reduction by prior issuance of a wastewater discharge permit by qualified national authorities and monitoring and control of permitted wastewater discharges; (C) determination of the maximum standards required for wastewater discharges specified in permits based on the best available technologies for the discharge of hazardous substances; (d) introduce more stringent requirements, which in some cases lead to a ban on discharge, if this is required by the need to maintain the proper quality of the water intake or ecological system; (e) apply at least biological treatment or alternative processes in relation to municipal wastewater, and then apply it in stages where necessary; (f) implement appropriate measures, in particular, in order to use the best available technology to reduce the inflow of biogenic substances from industrial and municipal sources; h) apply the method of Environmental Impact Assessment and other assessment methods; i) promote sustainable management of water resources, including the application of an ecological system approach; k) ensure their harmonization to ensure the implementation of additional specific measures to prevent groundwater pollution. 2. To this end, each Party, on the basis of the best available technology, shall establish limits for the content of pollutants in wastewater flowing into surface waters from point sources, which specifically apply to individual industries or industrial sectors that are sources of hazardous substances, appropriate measures to prevent, control and reduce the intake of hazardous substances referred to in paragraph 1 of this article, In particular, this may include a complete or partial ban on the production or use of such substances in waters from point and diffusion sources. The lists of such industries or sectors or such hazardous substances referred to in international conventions or regulations applicable to this convention shall be taken into account. 3.at the same time, each party, where this is necessary, determines the target indicators of water quality and approves water quality criteria to prevent, limit and reduce the border effect. The general principles for drawing up such target indicators and measurements are given in Annex III to this convention. If necessary, the parties will make efforts to update this application.

Article 4 monitoring

The parties develop programs for monitoring the state of border waters.

Article 5 research and analysis

The parties cooperate in conducting research and analysis in the field of effective methods of preventing, limiting and reducing the border effect. To do this, the parties, taking into account the research activities of the relevant international forums, should, if necessary, on a bilateral and/or multilateral basis, namely: A) develop methods for assessing the toxicity of hazardous substances and the harm of pollutants; b) increase the level of knowledge about the existence, distribution and impact of pollutants and relevant processes on the environment; C) develop and apply environmentally sound technologies, production methods and consumption structures; d) gradually stop the production and use of substances that may have a border effect and/or replace them; f) develop environmentally sound methods for the destruction of hazardous substances; f) develop special methods for improving the state of border waters; q) develop environmentally sound methods for the construction of water management facilities and ways to regulate the water regime; h) seek to implement or activate specific research programs aimed at a natural and financial assessment of the damage caused by the boundary effect. The exchange of the results of research programs is carried out between the parties in accordance with Article 6 of this convention.

Article 6 exchange of information

The parties shall ensure, within the shortest possible time, the most extensive exchange of information on the issues covered by the provisions of this convention.

Article 7 responsibility

The parties will support relevant international efforts to create norms, criteria and procedures in the area of responsibility.

PART II REGULATIONS ON COASTAL PARTIES

Article 9 bilateral and multilateral cooperation

1.the coastal parties shall, on the basis of equality and mutual interest, conclude bilateral and multilateral agreements or other agreements in order to determine their relations and actions in the field of limiting and reducing the Prevention of border impacts, in the absence of such ones, or amend the agreements or agreements in force where necessary in order to eliminate conflicts with the basic principles of this convention. The coastal parties clearly establish the boundaries of the water channel or part (s) of it with which they are cooperating. These agreements or agreements cover relevant issues addressed by this convention, as well as other issues that the coastal parties may consider necessary to cooperate with. 2.agreements or agreements referred to in Paragraph 1 of this convention shall provide for the establishment of joint bodies. The duties of these joint bodies, in particular, without prejudice to the relevant agreements or arrangements in force; a) collection, accumulation and assessment of data in order to identify sources of pollution that may have a border effect; b) development of joint programs for monitoring qualitative and quantitative indicators of waters; C) development and exchange of information about registers of sources of pollution specified in paragraph 2A of this article; d) development of limit standards for wastewater discharge and assessment of the effectiveness of pollution control programs; (e) develop common target indicators and criteria for water quality, taking into account the provisions of Paragraph 3 of Article 3 of this convention, and proposals for appropriate measures to maintain and, if necessary, improve current water quality; (f) develop coordinated action programs to reduce pollution from both point sources (e.g., municipal and industrial sources) and diffuse sources (especially agricultural sources); q) apply notification and alarm procedures; (h) promote cooperation in accordance with the provisions of Article 13 of this convention and the best technologies available, as well as promote cooperation in the field of research programmes; (j) participate in the environmental impact assessment of border waters based on relevant international norms. 3. In cases where a coastal state that is a party to this convention is subject to a direct and significant border impact, the coastal parties may, if they all agree to this, offer that coastal state appropriate participation in the activities of multilateral Joint bodies established by the coastal parties of such border waters. 4. The joint bodies provided for in this convention shall recommend that the joint bodies established by coastal states to protect the marine environment directly exposed to the border impact coordinate their work and cooperate in order to prevent, limit and reduce the border impact. 5.in cases where there are two or more joint bodies within the same water source, they shall seek to coordinate their activities to promote the strengthening of measures to prevent, limit and reduce the border effect within that water source.

Article 10 consultations

Consultations are conducted between the coastal parties at the request of either party on the basis of mutual interest, goodwill and good neighborliness. The purpose of such consultations is to develop cooperation on issues covered by the provisions of this convention. Any such consultation shall be conducted in the presence of a joint body with the help of it, established in accordance with Article 9 of this convention.

Article 11 Joint Monitoring and evaluation

1.within the framework of cooperation or specific agreements referred to in Article 9 of this convention, coastal countries shall develop and implement joint programs for monitoring the state of border waters, including floods and ice caps, as well as border impacts. 2.coastal parties agree on pollution criteria and lists of pollutants, and systematic monitoring and control of the outflow and concentration of pollutants in border Waters is carried out. 3. Coastal parties jointly or in agreement with each other during a systematic period of time conduct an assessment of the state of border waters, as well as the effectiveness of measures taken to prevent, limit or reduce the border effect. The results of these assessments shall be brought to the attention of the public in accordance with the provisions set out in Article 16 of this convention. 4. For this purpose, the coastal parties agree on the rules regarding the development and application of monitoring programs, measurement systems, instrumentation, analysis methods, data processing and evaluation procedures, as well as methods for registering the outflow of pollutants.

Article 12 joint research and analysis

Within the framework of General Cooperation or specific agreements referred to in Article 9 of this convention, the coastal parties shall conduct specific studies and analyses in the interests of achieving and ensuring compliance with the targets and criteria of water quality established and approved by the parties on this coast.

Article 13 exchange of information between coastal parties

1. the coastal parties, within the framework of relevant agreements or other agreements, have specific available data in accordance with Article 9 of this convention, namely: A) the ecological state of border waters; b) experience gained in the field of application and use of the best technology, as a result of research and analysis; C) the results of abandonment and monitoring; d) measures taken and planned to prevent, limit and reduce the border impact; (e) data on permits or regulations for the discharge of wastewater issued or established by the competent authorities or the relevant authority are separated. 2.in order to agree on the maximum norms for export, the coastal parties exchange information about their national rules. 3. If any coastal party requests the transfer of data or information that the other coastal party does not have, the first coastal party must take measures to satisfy that request, however, it may require the Requesting Party to pay reasonable costs related to the collection and, if necessary, processing of such data or information. 4. for the purposes of implementing this convention, the coastal parties shall be obliged to exchange the best available technology, in particular, the commercial exchange of available technology; promotes the exchange of information and experience through direct communication and cooperation in industry, including joint ventures; exchange of information and experience; and technical assistance. The coastal parties also implement joint programs in the field of Personnel Training and organize relevant seminars and meetings.

Article 14 notification and alarm systems

The coastal parties immediately inform each other of any dangerous situation that may cause a border effect. Coastal parties establish, if necessary, coordinated or joint communication, notification and alarm systems for the purpose of obtaining and transmitting information. These systems are used on the basis of the use of coordinated procedures and technical means of data transmission and processing, which must be agreed between the coastal parties. Coastal parties inform each other about the competent authorities or call centers established for these purposes.

Article 15 mutual assistance

1.in the event of a dangerous situation, the coastal parties shall provide mutual assistance upon request in accordance with the procedures established in accordance with the provisions of Paragraph 2 of this article. 2. the coastal parties, in particular, shall: a) guide, control, coordinate and supervise the provision of assistance; b) provide local means and services provided by the party requesting assistance, including, if necessary, streamline border formal issues; (c) Develop and coordinate procedures for mutual assistance in relation to measures to prevent damage, compensate and/or compensate the party providing assistance and/or its employees; (d) Conditions for reimbursement of costs related to assistance services.

Article 16

1.Coastal parties shall ensure informing the public about the state of border waters, measures taken or planned for the purpose of preventing, limiting and reducing border impacts, as well as the effectiveness of these measures. For this purpose, coastal parties provide the public with: a) water quality targets; b) permits issued and conditions to be observed; C) provide information on the results of taking water and wastewater samples for monitoring and evaluation purposes, as well as the results of checking water quality targets or compliance with the conditions specified in the permits. 2.coastal parties shall provide the public with the opportunity to familiarize themselves with this information for verification purposes for free within a reasonable period of time and provide specific opportunities for representatives of the public to obtain copies of such information from coastal parties for a reasonable fee.

PART III ORGANIZATIONAL AND FINAL PROVISIONS

Article 17 council of the parties

1.the First Council of the parties shall be convened no later than one year from the date of entry into force of this convention. Successive consultations are then convened once every three years or more often according to the rules of the procedure. If the parties make a decision on this at the next meeting or one of them makes a corresponding request in writing, this request is supported by at least one third of the parties within six months from the date of notification of all parties, they hold extraordinary meetings. 2. At their meetings, the parties consider the progress of the implementation of this convention and to this end: a) review the policies and methodological approaches of the parties to the protection and use of border waters to further improve the protection and use of border waters; b) exchange information on the experience gained in the conclusion and implementation of bilateral and multilateral agreements or other agreements on the protection and use of border waters, the participants of which are one or more parties; (C), if necessary, use the activities of the relevant EEC bodies, as well as other competent international bodies and specific committees, on all matters related to the achievement of the objectives of this convention; (d) consider and adopt by consensus the provisions of the procedure of its councils at its first meeting; (e) consider and adopt proposals for amendments to this convention; (f) consider and implement any additional measures that may be necessary to achieve the objectives of this convention.

Article 18 right to vote

1.each party to this convention shall have one vote, except in cases provided for in Paragraph 2 of this article. 2.regional organizations of economic integration exercise their right to vote on issues falling within their competence, having a number of votes equal to the number of their member states that are parties to this convention.

Article 19 Secretariat

The Executive Secretary of the European Economic Commission shall perform the following secretarial functions: a) convene and develop a Council of the parties; b) submit reports and other information received in accordance with the provisions of this convention to the parties; C) perform other functions that may be established by the parties.

Article 20 annexes

The Annexes of this convention constitute an integral part of it.

Article 21 amendments to the convention

1.any party may propose amendments to this convention. 2.proposals for amendments to this convention shall be considered by the Council of the parties. 3.the text of any proposed amendment to this convention shall be submitted in writing to the Executive Secretary of the European Economic Commission, who shall bring it to the attention of all parties no later than ninety days before the start of the meeting, the adoption of which is envisaged. 4. An amendment to this convention shall be adopted by the consensus of representatives of the parties to this convention participating in the Council and shall enter into force for the parties that have adopted it on the ninetieth day after the date on which two-thirds of these parties have deposited their documents on the adoption of this amendment to the Depositary. The amendment shall enter into force for any other party on the ninetieth day after the date of depositing the document of acceptance of the amendment by this party.

Article 22 dispute settlement

1.in the event of a dispute between two or more parties relating to the reasoning or application of this convention, they shall seek to settle disputes through negotiation or any other means acceptable to the parties involved in the dispute. 2. At the time of signing, ratification, acceptance, entry into force or accession to this convention, or at any time thereafter, any party may declare in writing to the Depositary that in connection with a dispute not regulated in accordance with paragraph 1 of this article, it accepts one or both of the following means of dispute settlement as a binding obligation for any party that assumes the same obligation to it: a) transfer the dispute to the International Court; b) transfer the dispute to the arbitration court in accordance with the procedure referred to in Annex IV. 3. If the parties to the dispute adopt both approaches to the settlement of disputes referred to in Paragraph 2 of this article, the dispute may be submitted only to the International Court, unless the parties agree otherwise.

Article 23 Signing

This convention provides for the powers of the member states of the European Economic Commission, as well as states with advisory status under the European Economic Commission in accordance with Paragraph 8 of resolution 36 (IV) of the economic and Social Council of 28 March 1947, as well as their member states on matters governed by this convention, including open from 17 March 1992 to 18 March 1992 for signing in Helsinki by regional economic integration organizations established by sovereign states members of the European Economic Commission, which delegated the powers to conclude treaties on these issues, and from 18 September 1992 for signing in New York at the central institutions of the United Nations.

Article 24 depository

The secretary-general of the United Nations shall act as the depositary of this convention.

Article 25 approval, acceptance, introduction and accession to the court

1.this convention must be ratified, adopted or put into force by the signatory states and regional economic integration organizations. 2.this convention is open to accession by states and organizations referred to in Article 23. 3.any other state that is a member of the United Nations, not specified in Paragraph 2, may accede to the convention with the consent of the Council of the parties. Such a state declares in its accession document that consent has been obtained from the Council of the parties for its accession to the Convention and indicates the date of receipt of consent. Any such application for accession made by members of the United Nations shall not be considered as the subject of obtaining the consent of the Council of the parties prior to the entry into force of this paragraph for all states and organizations that are parties to the convention as of 28 November 2003 4. any organization referred to in Article 23 that becomes a party to this convention shall be bound by all obligations provided for in this convention, even if none of the member states of this organization is a party to this convention. In the event that one or more member states of such an organization are parties to this convention, this organization and its member states shall decide on their respective obligations to fulfill their obligations under this convention. In such cases, this organization and its member states may not simultaneously exercise the rights provided for in this convention.  Warning. Article 25 as amended by the law of the Republic of Kazakhstan dated 28.01.2015 No. 282 - V.

Article 26 entry into force

1.this convention shall enter into force on the ninetieth day after the sixteenth document on ratification, acceptance, entry into force or accession has been deposited. 2.for the purposes of Paragraph 1 of this article, any document deposited by the regional economic integration organization shall not be considered as an additional document to the documents deposited by the member states of such organization. 3. For each state or organization referred to in Article 23 or Article 25, ratifying, adopting or putting into force this convention, or acceding to it after the sixteenth document of ratification, acceptance, entry into force or accession has been deposited, the Convention shall enter into force on the ninetieth day after such state or organization submits its document of ratification, acceptance, entry into force or accession.  Warning. Article 26 as amended by the law of the Republic of Kazakhstan dated 28.01.2015 No. 282 - V.

Article 27 exit

For any party, at any time three years after the entry into force of this convention, this party may withdraw from the convention by sending written notice to the Depositary. Any such withdrawal shall enter into force on the ninetieth day after the date of receipt of notification of it by the Depositary.

Article 28 original texts

The original of this convention, the texts of which in English, Russian and French are equally authentic, shall be deposited with the secretary-general of the United Nations. The parties to the convention have signed this convention with the appropriate authority to certify it. Made in Helsinki on the seventeenth of March in one thousand nine hundred and ninety-second year.

APPENDIX I DEFINITION OF THE TERM "BEST AVAILABLE TECHNOLOGY"

1.the term" best available technology " refers to recent advances in the development of processes, installations or methods of use that have proven to be practically suitable as a specific measure to limit waste, abandonment and waste. When determining the question of whether processes, installations or operational methods are the best technology as a whole or in each individual case: a) comparative processes,installations or operational methods that have been successfully tested in recent times; (B) The technical process and changes in scientific knowledge and understanding of the problem; (c) The possibility of economic application of such technology; (d) The periodic scope of installation of equipment in both new and existing enterprises; (e) The nature and volume of relevant wastewater and wastewater; (f) Low-waste and non-waste technologies are particularly taken into account. 2. In this way, the "best available technology"for a specific process will be subject to change over time, under the influence of technical progress, economic and social factors, as well as in accordance with changes in scientific knowledge and understanding of the problem.

APPENDIX II-GUIDELINES FOR CREATING THE BEST PRACTICE FROM AN ECONOMIC POINT OF VIEW

1. when choosing the most appropriate combination of measures that may be the best practice from an environmental point of view in specific cases, the following measures should be taken in increasing order of their importance: a) dissemination of information and knowledge among the user public about the environmental consequences of the selection, use and final disposal of specific types of services or products; b) development and application of relevant codes of environmental practice covering all aspects of the product life cycle; C) a symbol that informs users of the environmental risks associated with the product, its use and final disposal; d) collection and disposal systems accessible to the public; e) recirculation, recuperation and reuse; f) the use of economic levers for services, products or groups of products; q) A licensing system that provides for a number of restrictions or prohibitions. 2. In determining which combination of measures is the best practice from an environmental point of view, either as a whole or in each individual case: A) for the environment: I) the risk of final disposal of the product; II) the production of the product; III) the use of the product; IV) the possibility of replacement with processes or substances that do not pollute; f) time frames for implementation; q) the social and economic consequences must be taken into account in particular. 3.in this way, the best practices from an environmental point of view for a specific source of pollution will be subject to change over time, under the influence of technical progress, economic and social factors, as well as in accordance with changes in scientific knowledge and understanding of the problem.

APPENDIX III-GUIDELINES FOR THE DEVELOPMENT OF TARGET INDICATORS AND CRITERIA FOR WATER QUALITY

Target indicators and criteria of water quality: a) take into account the purpose of maintaining and, if necessary, improving current water quality; b) aimed at reducing the average volume of pollution, especially pollution with hazardous substances, to a certain level within a certain time interval; C) taking into account specific requirements for water quality (non-boiling water for drinking water, field irrigation, etc.); d) taking into account specific requirements for sensitive and specially protected waters; F) shall be established on the basis of the use of methods of environmental classification and chemical indices for medium-and long-term verification of the situation with the preservation and improvement of water quality; f) shall take into account the degree of achievement of target indicators, as well as additional protection measures based on the maximum standards for the presence of pollutants in wastewater, which may be necessary in individual cases.

IV-ADDITIONAL ARBITRATION

1.in the event that any dispute is submitted for arbitration in accordance with paragraph 2 of Article 22 of this convention, the party or the parties shall notify the secretariat of the subject of Arbitration and, in particular, indicate the articles of this convention in which the dispute arose in connection with the judgment or application. The secretariat shall transmit the information received in addition to all parties to this convention. 2.The Arbitration Court consists of three members. The plaintiff party or the plaintiff parties, as well as the other party or the parties involved in the dispute, are appointed by one arbitrator, and two arbitrators appointed in this way, by mutual agreement, appoint a third arbitrator who performs the duties of the chairman of the arbitration court, who may not be a citizen of one of the parties to the dispute and 3. If, two months after the appointment of the second arbitrator, the chairman of the arbitration court is not appointed, then, at the request of any of the parties to the dispute, the Executive Secretary of the European Economic Commission appoints him within the next two months. 4.if one party to the dispute does not appoint an arbitrator within two months after receiving the application, then the other party has the right to notify the Executive Secretary of the European Economic Commission, who appoints the chairman of the arbitration court within the next two months. After his appointment, the chairman of the arbitration court asks a party that has not yet been appointed by the chairman to do so within two months. If he does not do so within two months, the chairman shall, accordingly, inform the Executive Secretary of the European Economic Commission, who shall appoint this arbitrator within the next two months. 5.the arbitration court makes its decision in accordance with international law and the provisions of this convention. 6.any arbitration court established in accordance with the provisions of this Annex shall develop its own rules of procedure. 7. The decision of the arbitration court is made by its members by a majority vote, both on procedural issues and on relevant issues. 8.the court may take all appropriate measures to establish the facts. 9.the party to the dispute shall assist in the work of the arbitration court, including using all means at its disposal: a) provide it with all relevant documents, conditions and information; b) provide it with the opportunity, if necessary, to invite witnesses or experts and hear their testimony. 10. The parties and members of the arbitration court shall maintain the confidentiality of any information received by them in a confidential manner during the proceedings in the arbitration court. 11.the arbitration court May, at the request of one of the parties, propose to take temporary protection measures. 12.if one of the parties to the dispute does not appear in the arbitration court or does not participate in the consideration of its case, the other party may ask the court to continue the consideration of the case and issue its final decision. The absence of one of the parties in court or the absence of one of the parties to the consideration of the case is not an obstacle to the consideration of the case. Before making a fundamental decision, the arbitration court must make sure that the claim is based on the claim in the case and the law. 13.the arbitration court may hear counterclaims arising directly from the essence of the dispute and make a decision on it. 14.if the arbitration court does not make another decision based on the specific circumstances of the case, the parties to the dispute will share the court costs, including payment for the services of the members of the court. The court records all its expenses and gives the parties a fundamental report on these expenses. 15. Any party to this convention, which has a legal interest in the subject of the dispute and is initiated as a result of a decision on this case, has the right to consider the case with judicial consent. 16.the arbitration court, if it considers it necessary to extend this period for a period not exceeding five February, shall make its decision within five months after its establishment. 17.the decision of the arbitration court is accompanied by an explanation of the reasons. Its decision is fundamental and binding on all parties to the dispute. The arbitration court brings its decision to the attention of the parties to the dispute and the secretariat. The secretariat shall transmit the information received to all parties to this convention. 18.any dispute that may arise between the parties regarding the interpretation or execution of a court decision shall be referred to the arbitration court that issued this decision through either party or to the court established for such purpose, as the first, if it is impossible to use its services.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases