On the ratification of the Agreement on the Secretariat of the Customs Union Commission
The Law of the Republic of Kazakhstan dated November 24, 2009 No. 205-IV.
RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).
To ratify the Agreement on the Secretariat of the Customs Union Commission, signed in Moscow on December 12, 2008.
President
Republic of Kazakhstan
N. Nazarbayev
AGREEMENT on the Secretariat of the Customs Union Commission
The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties,
Based on the Treaty Establishing the Eurasian Economic Community of October 10, 2000 and the Treaty on the Customs Union Commission of October 6, 2007,
have agreed on the following:
Article 1
The Secretariat of the Customs Union Commission (hereinafter referred to as the Secretariat), in accordance with Article 11 of the Agreement on the Customs Union Commission of October 6, 2007, is the working body of the Customs Union Commission (hereinafter referred to as the Commission). The work of the Secretariat is organized in accordance with the regulations approved by the Commission.
Article 2
The terms used in this Agreement mean the following:
"officials" — persons approved by the Commission on the proposal of the Parties in accordance with the quotas for positions established for each Party by the Interstate Council of the Eurasian Economic Community when performing its functions as the supreme body of the Customs Union (hereinafter referred to as the supreme body of the Customs Union);
"employees" - persons working as specialists in the structural divisions of the Secretariat;
"technical and maintenance personnel" - persons employed to perform the functions of servicing the activities of the Secretariat (drivers, persons who repair equipment, clean rooms and perform other technical functions);
"family members" - spouse, minor children and dependent persons.
Article 3
1. The secretariat organizes the work of the supreme body of the Customs Union, the Commission and their information and technical support.
2. The secretariat performs the following functions:
a) preparation of materials, draft decisions and recommendations on the formation and functioning of the Customs Union, including the conclusion and amendment of international treaties, for consideration by the supreme body of the Customs Union and the Commission;
b) monitoring the Parties' compliance with the provisions of international treaties that constitute the legal framework of the Customs Union, and the implementation of decisions taken by the supreme body of the Customs Union and the Commission;
c) monitoring and analysis of the legislation of each of the Parties in the field of regulation of foreign economic activity;
d) preparation of drafts of international treaties and other documents necessary for the formation of the customs union and the creation of a single customs territory;
e) interaction with public authorities of the Parties;
f) development of draft cost estimates of the Commission and its execution, preparation of draft reports on its execution;
g) ensuring that the Commission performs the functions of a depository of international treaties concluded within the framework of the Customs Union;
h) other functions defined by the supreme body of the Customs Union or the Commission and aimed at organizing their work and information and technical support.
Article 4
1. The Secretariat is headed by the Executive Secretary of the Commission (hereinafter referred to as the Executive Secretary), who has one deputy from each of the Parties, except for the Party from which the executive Secretary is appointed.
2. The Executive Secretary and his deputies are approved on the proposal of the Parties and dismissed by the Commission, taking into account the principle of rotation of the position of the executive Secretary between the Parties. The order of rotation of the position of the Executive Secretary is determined by the Commission.
3. The Executive Secretary participates in meetings of the Commission and the supreme body of the Customs Union.
4. The Executive Secretary may be authorized by the decision of the Commission in accordance with the established procedure to dispose of the financial and material resources of the Commission, conclude civil law contracts, and appear in court.
5. The Secretariat has structural divisions - departments. The number of departments of the Secretariat and their staffing levels are determined by the decision of the supreme body of the Customs Union.
Article 5
The activities of the Secretariat are financed from the funds provided for in the cost estimates of the Commission, which are formed from the contributions of the Parties in proportion to the number of votes allocated to the Parties in the Commission.
Article 6
1. The staff of the Secretariat consists of officials and staff.
The officials of the Secretariat include the Executive Secretary and his deputies, the directors of departments and their deputies.
2. The Directors of departments and their deputies shall be approved by the Commission on the proposal of the Parties on a quota basis, taking into account the contributions of the Parties to finance the activities of the Commission for a period of 3 years with a possible extension and dismissed by the decision of the Commission.
3. The Chairman of the Commission, on behalf of the Commission, concludes employment contracts (contracts) with officials employed by the Secretariat for a period of 3 years.
4. Officials employed by the Secretariat must meet the following requirements:
have the citizenship of one of the Parties;
have professional training (qualifications) corresponding to their official duties, as well as work experience in the field of official duties for at least 5 years.
5. The staff of the Secretariat must be citizens of the Parties and meet the qualification requirements for their position.
Employees are hired on the basis of employment contracts concluded by the Executive Secretary on behalf of the Commission for a period of up to 3 years.
6. The technical and service personnel of the Secretariat are employed on the basis of employment agreements (contracts) concluded by the Executive Secretary on behalf of the Commission.
Article 7
The officials and staff of the Secretariat are international employees. In the performance of their official duties, they are independent of government agencies and officials of the Parties and cannot request or receive instructions from them.
Each Party undertakes to respect the status of officials and staff of the Secretariat and not to influence them in the performance of their official duties.
While working in the Secretariat, its officials and staff are not entitled to engage in commercial or any other activity in the interests of personal gain or the benefit of others, with the exception of scientific, creative and teaching activities.
Article 8
1. The employment relations of officials and staff of the Secretariat are regulated by the Commission.
The employment relations of the technical and maintenance staff of the Secretariat are regulated by the legislation of the host State.
2. Pension provision for officials and staff of the Secretariat is carried out in accordance with the legislation of the State of which they are citizens. At the same time, pension contributions established by national legislation are made by the Secretariat to the appropriate funds of the States of which officials and employees are citizens, at the expense of funds provided for in the cost estimates of the Commission.
The costs of paying pensions to officials and staff of the Secretariat are borne by the State of which they are citizens.
3. The appointment and payment of social insurance (security) benefits to officials and employees of the Secretariat and family members living with them shall be carried out in accordance with the procedure established by the legislation of the State in whose territory the officials and employees of the Secretariat work.
The costs of paying social insurance benefits are borne by the State in whose territory the officials or employees of the Secretariat work, without mutual settlements. At the same time, contributions to social and medical insurance funds are made at the expense of funds provided for in the cost estimates of the Commission, in accordance with the legislation of the host State.
4. When assigning pensions or social insurance (security) benefits to officials and employees, the period of work as an official or employee of the Secretariat is counted in the insurance or work experience.
The earnings earned by these persons while working in the Secretariat are taken into account when determining the amount of the pension in accordance with the legislation of the State of which they are citizens, and when determining the amount of social insurance benefits (security) - in accordance with the legislation of the State in whose territory they work.
Article 9
Officials and staff of the Secretariat shall enjoy in the territories of the Parties the privileges and immunities established by the Convention on the Privileges and Immunities of the Eurasian Economic Community of May 31, 2001 for officials and staff of the bodies of the Eurasian Economic Community.
Article 10
The seat of the Secretariat is the city of Moscow.
Article 11
Reservations to this Agreement are not allowed.
Article 12
This Agreement may be amended, which are formalized in separate protocols.
Article 13
Disputes between the Parties related to the interpretation and (or) application of this Agreement shall be resolved through consultations and negotiations between the Parties concerned, and in the event of failure to reach agreement, the dispute, on the initiative of any of the interested Parties, shall be referred to the Court of the Eurasian Economic Community.
Article 14
This Agreement is temporarily applied from the date of signature and is subject to ratification.
The procedure for entry into force, withdrawal from and accession to this Agreement is determined by the Protocol on the Procedure for Entry into Force of International Treaties aimed at Forming the Legal Framework of the Customs Union, withdrawal from and Accession to them dated October 6, 2007
Done in Moscow on December 12, 2008, in one original copy in the Russian language.
The original copy of this Agreement shall be kept by the depositary, which, prior to the transfer of the functions of the depositary to the Commission, is the Integration Committee of the Eurasian Economic Community.
The Depositary will send each Party a certified copy of this Agreement.
For the Government
For the Government
For the Government
Republics
Republics
Russian
Belarus
Kazakhstan
Federations
EURASIAN ECONOMIC COMMUNITY INTERSTATE COUNCIL
(THE HIGHEST BODY OF THE CUSTOMS UNION)
decision
dated December 12, 2008, No. 5, Moscow
About the Customs Union Commission
The Interstate Council of the Eurasian Economic Community (the highest body of the Customs Union) at the level of heads of government decided:
1. To adopt the Agreement on the Secretariat of the Customs Union Commission (attached).
2. Approve:
- Rules of Procedure of the Customs Union Commission (attached);
- Regulations on the cost estimates of the Customs Union Commission (attached);
- The structure of the Secretariat of the Customs Union Commission (attached);
- The procedure for determining the level of salaries of officials and staff of the Secretariat of the Customs Union Commission (attached);
- The scheme of the percentage ratio of official salaries of officials and staff of the Secretariat of the Commission of the Customs Union to the salary of the Executive Secretary of the Commission of the Customs Union (attached);
- A table of increasing coefficients for official salaries of officials and staff of the Secretariat of the Customs Union Commission for special working conditions in an international organization, as well as for compensation of social and medical expenses (attached).
3. To establish that when forming the cost estimates of the Customs Union Commission for 2009, the salary of the Executive Secretary of the Customs Union Commission is determined based on the base salary of an employee of a foreign institution in Moscow in the amount of 17,798.5 rubles.
4. Starting from 2010, when forming expenses for the salary fund of officials and staff of the Secretariat of the Customs Union Commission, make annual adjustments to the base salary specified in paragraph 3 of this decision in accordance with the consumer price growth index projected in the cost estimates of the Customs Union Commission for the relevant financial year.
Members of the Interstate Council:
From
From
From
Republics
Republics
Russian
Belarus
Kazakhstan
Federations
Approved By the decision of the EurAsEC Interstate Council (the highest body of the Customs Union) at the level of Heads of Government No. 5 dated December 12, 2008
RULES OF PROCEDURE OF THE CUSTOMS UNION COMMISSION
These Rules of Procedure (hereinafter referred to as the Rules), in accordance with the Agreement on the Customs Union Commission of October 6, 2007, determine the working procedure of the Customs Union Commission (hereinafter referred to as the Commission), the organization and conduct of its meetings, the procedure for preparing and making decisions and recommendations.
I. Meetings
1. Meetings of the Commission shall be held at least once a month, as a rule, in the city of Moscow or, by agreement of the members of the Commission, in any other city of one of the member states of the Customs Union.
2. The time and place of the next meeting are determined, as a rule, at the previous meeting of the Commission.
If it is impossible to hold a regular meeting at the place/time set earlier, the Chairman of the Commission (hereinafter referred to as the Chairman), with the consent of the members of the Commission, determines a new place / time for its holding.
3. Extraordinary meetings of the Commission are convened by decision of the Supreme Body of the Customs Union or on the initiative of any member of the Commission.
A member of the Commission who initiates an extraordinary meeting sends an appeal to other members of the Commission justifying the need to convene such a meeting, as well as submits drafts of its agenda and documents on the issues proposed for consideration.
The Chairman, in agreement with all members of the Commission, determines the time and place of the extraordinary meeting no later than seven days from the date of receipt of the request.
4. Meetings of the Commission are, as a rule, closed. They may be attended by the Executive Secretary of the Commission and his deputies, officials and staff of the Secretariat of the Customs Union Commission (hereinafter referred to as the Secretariat), who ensure the holding of the meeting, as well as other persons invited by a member of the Commission.
5. Open meetings with the participation of invited persons may be held on the proposal of one of the members of the Commission and the decision of the Commission.
The issue of the presence of accredited media representatives at public meetings is decided by the Chairman.
6. A meeting of the Commission is valid if all its members are present.
II. The agenda of the meeting, the procedure for preparing and submitting draft documents
7. The draft agenda of the Commission meeting is prepared by the Secretariat and coordinated with the members of the Commission.
8. No later than 15 days before the date of the Commission's meeting, the Secretariat shall send to the Chairman and members of the Commission a package of documents and materials on the issues included in the draft agenda.
The package of documents and materials on each of the issues on the draft agenda (except for procedural ones) includes:
- a certificate outlining the progress of work on the issue under consideration, justifying the need to adopt the proposed decision (document);
- financial and economic calculations (if necessary);
- materials of expert meetings, meetings of working groups on the issue under consideration, including their protocols, in cases where this issue was considered at the expert level;
- draft decisions (documents) for signing;
- draft decisions (documents) submitted for consideration by the Supreme Body of the Customs Union;
- a list of decisions (documents) in force within the Customs Union on this issue;
- other additional materials (if necessary).
Exceptions are allowed only for issues where there is an urgent need for the Commission to take urgent decisions.
9. In order to prepare draft documents, the Secretariat may, if necessary,:
- to hold working meetings with the involvement of experts from the Parties;
- create expert groups (when holding several expert meetings on the same issue, the composition of the expert group should, if possible, remain unchanged);
- to consult with the departments of the Parties.
III. Chairmanship
10. Chairman of the Commission:
- provides general guidance on the preparation of issues submitted for consideration at the next meeting;
- opens, conducts and closes meetings;
- ensures compliance with these Rules.
IV. The order of meetings
11. The meetings of the Commission are opened and closed on the proposal of the Chairman of the Commission in consultation with the members of the Commission.
12. Commission members may make suggestions on points of order out of turn.
During the meeting, any member of the Commission may propose a suspension of the meeting. Such a proposal shall be put to the vote without discussion.
13. Decisions are made by the Commission in accordance with the procedure established by Article 7 of the Agreement on the Customs Union Commission of October 6, 2007.
The Commission, within the limits of its powers, makes decisions that are binding on the Parties.
The Commission may make recommendations that are not binding.
The following distribution of votes among the members of the Commission is taken into account when voting:
Member of the Commission from the Republic of Belarus - 21.5 votes;
Member of the Commission from the Republic of Kazakhstan - 21.5 votes;
Member of the Commission from the Russian Federation - 57 votes.
Decisions are made by a 2/3 majority vote. In this case, the decision is considered adopted if the Party that does not agree with the decision has not stated the need to consider this issue at the next meeting of the Supreme Body of the Customs Union.
If one of the Parties does not agree with the Commission's decision, the issue is submitted by the Commission to the Supreme Body of the Customs Union at the level of heads of state, which decides by consensus. At the same time, the statement of the Party on the need to consider the issue at the next meeting of the Supreme Body of the Customs Union should be reflected in the minutes of the meeting of the Commission.
If the required number of votes was not obtained during the decision-making process, the Commission may, by its decision, refer the issue to the Supreme Body of the Customs Union for consideration.
The Commission also makes decisions by consensus, if this is provided for by international treaties forming the legal framework of the Customs Union.
The decisions taken are drawn up in writing on special forms and must be signed by all members of the Commission.
The Commission's decision comes into force from the moment of its adoption, unless a different procedure is specified in the decision itself. The Commission's decisions, which are binding, come into force no earlier than one month after their official publication.
Decisions on procedural issues are made by a simple majority of votes.
14. Organizational and information technology support
The preparation and holding of meetings of the Commission is carried out by the Secretariat with the assistance of the host State.
The meetings are financed from the cost estimates of the Commission within the limits of the funds provided for these purposes.
The travel expenses of the members of the Commission and invited persons are carried out at the expense of the sending State.
V. Final provisions
15. Invitations to the meetings of the Commission are sent by the Executive Secretary at the suggestion of the members of the Commission.
16. The meetings of the Commission are recorded in shorthand. Transcripts of meetings are not intended for distribution. Verbatim records are kept by the Secretariat of the Customs Union Commission.
17. The publication (posting) of decisions taken by the Customs Union Commission is carried out on the website of the Customs Union Commission, and before its creation - on the official website of the EurAsEC.
18. These Rules are approved by the Supreme Body of the Customs Union.
These Rules may be amended by a decision of the Supreme Body of the Customs Union.
Approved By the decision of the EurAsEC Interstate Council (the highest body of the Customs Union) at the level of Heads of Government No. 5 dated December 12, 2008
Regulation on the cost estimates of the Customs Union Commission 1. General provisions
1.1. These Regulations define the procedure for the formation and execution of the cost estimates of the Customs Union Commission, accounting and reporting by the Secretariat of the Customs Union Commission (hereinafter referred to as the Secretariat and the Commission), as well as monitoring the execution of the cost estimates of the Commission.
1.2. For the purposes of these Regulations, the following basic concepts are used:
Cost estimate is a plan for the receipt and expenditure of funds allocated to finance the maintenance of the Secretariat, as well as meetings of the Commission and the Supreme Body of the Customs Union.;
cost estimate revenues are funds received as equity contributions from the member States of the Customs Union.;
cost estimates - funds allocated for the maintenance of the Secretariat and meetings of the Commission and the Supreme Body of the Customs Union;
The current financial year is the calendar year during which the Commission's cost estimates are executed, and the draft cost estimates of the Commission for the next financial year are formed and reviewed.;
The next fiscal year is the calendar year following the current fiscal year.;
financial discipline is an obligatory procedure for the member States of the Customs Union for the transfer of shared contributions for the maintenance of the Secretariat and financing meetings of the Commission and the Supreme Body of the Customs Union, as well as an obligatory procedure for the Secretariat for the expenditure of estimated funds;
Authorized bodies are the executive authorities of the member states of the Customs Union, which are responsible for the formation and execution of state budgets.;
Financial control is an interstate financial control through which, in the process of forming, reviewing and approving the draft cost estimates of the Commission, its execution and the preparation of a report on the execution of cost estimates by the authorized bodies of the member States of the Customs Union, the allocation and use of financial resources are checked.;
Financial accounting is an orderly system for collecting, registering and summarizing information in monetary terms on the receipt of income and financing of expenses of the Secretariat.;
financial statements - data on the execution of the cost estimates of the Commission on Income and Expenses;
The Financial manager is the body of the Commission that has the right to distribute financial resources of the cost estimates of the Commission.
1.3. The cost estimate of the Commission is approved for one financial year, which corresponds to the calendar year and lasts from January 1 to December 31.
1.4. The cost estimate of the Commission is formed in accordance with the regulatory legal acts regulating the financial aspects of the Commission's activities, based on the participation of the member States of the Customs Union in financing the costs of the Commission's activities.
1.5. The currency of calculation of the cost estimate of the Commission is the currency of the Russian Federation - the Russian ruble.
1.6. The Administrator and responsible for the expenditure of financial resources is the Secretariat, which performs the functions of ensuring the formation, execution of the cost estimates of the Commission and the preparation of reports.
2. The structure of the Commission's cost estimates
2.1. The cost estimate of the Commission consists of revenue and expenditure parts.
The revenue part of the Commission's cost estimates is formed from the contributions of the member States of the Customs Union, the amount of which is established by the Agreement on the Customs Union Commission of October 6, 2007.
The expenditure part of the Commission's cost estimates is used to finance the maintenance of the Secretariat and meetings of the Commission and the Supreme Body of the Customs Union.
2.2. The cost estimate of the Commission is formed and approved
no shortage.
3. The procedure for the formation and approval of the cost estimates of the Commission
3.1. The preparation of the draft cost estimates of the Commission for the next financial year is carried out by the Secretariat in accordance with the procedure and deadlines set by the Executive Secretary of the Commission, based on requests from the structural divisions of the Secretariat.
The draft cost estimates of the Commission are developed in accordance with the regulatory legal acts of the Customs Union and the internal regulations of the Secretariat, the agreement on the Secretariat of the Commission, approved in accordance with the established procedure by the number, structure and staffing table of the Secretariat, the remuneration and standards of material security of the Secretariat staff, as well as in accordance with the schedule of meetings of the Commission and the Supreme Body the Customs Union.
3.2. The cost items of the draft cost estimate of the Commission are formed using the article codes (sub-items) of the classification of operations of the public administration sector of the budget expenditure classification of the budget classification of the Russian Federation.
3.3. The draft cost estimate of the Commission with an explanatory note, supporting documentation and calculations on cost items is sent by the Secretariat for consideration to the governments of the member States of the Customs Union no later than April 1 of the current fiscal year.
3.4. The authorized bodies of the Member States of the Customs Union shall send to the Secretariat comments and suggestions on the draft cost estimates of the Commission for the next financial year.
3.5. The Secretariat, taking into account the comments and suggestions of the authorized bodies, finalizes the draft cost estimate of the Commission and sends it to the governments of the member States of the Customs Union with a request to confirm agreement with the amounts of shared contributions.
3.6. The Secretariat, taking into account the amounts of shared contributions provided by the authorized bodies, finalizes the draft cost estimate of the Commission and submits it in accordance with the established procedure for approval by the Supreme Body of the Customs Union.
3.7. Amendments to the cost estimates of the Commission may be made only by a decision of the Supreme Body of the Customs Union.
3.8. Within one month after the decision to approve the Commission's cost estimates is made, the Executive Secretary of the Commission approves the financial plan for the implementation of the Commission's cost estimates, which is a document on the quarterly distribution of the Commission's cost estimates in order to organize its cost execution.
4. Execution of the Commission's cost estimates
4.1. The cost estimates of the Commission are executed in accordance with the financial plan as soon as the contributions from the member States of the Customs Union are received.
4.2. The transfer of the contributions of the member States of the Customs Union to the accounts of the Secretariat is carried out, as a rule, monthly, but at least once a quarter in the currency of the Russian Federation (Russian rubles) or freely convertible currency (US dollars).
Funds transferred in a freely convertible currency are recorded in Russian rubles at the official exchange rate of the Russian ruble to this currency on the date of transfer.
4.3. By decision of the Commission, the Executive Secretary of the Commission, if necessary, has the right to redistribute estimated allocations between the items of expenditure for the maintenance of the Secretariat and financing meetings of the Commission and the Supreme Body of the Customs Union, except for salary costs, within 10 percent of the total amount of expenses provided for these items for the current financial year.
4.4. If the Commission's cost estimates for the next financial year are not approved by the end of the current financial year, the activities of the Commission shall be financed by the member States of the Customs Union on a monthly basis in the amount of no more than one-twelfth of their actual financing in the reporting financial year until the Commission's cost estimates for the next financial year are approved.
4.5. The financial balances of the current financial year formed in the accounts of the Secretariat as of January 1 of the next financial year, provided for repayment of accounts payable and purchase of fixed assets in the current year, remain targeted and are used in the first half of the next financial year as additional financing in excess of the expenses approved in the cost estimates of the Commission for the next financial year. year, with the subsequent reflection of these operations in the reporting on the execution of the cost estimates of the Commission.
4.6. The balances of financial resources of the current financial year formed on the accounts of the Secretariat as of January 1 of the next financial year, with the exception of the balances of financial resources specified in paragraph 4.5 of these Regulations, taking into account accounts receivable, at the discretion of the member States of the Customs Union, are subject to offset against the payment of their contributions in the next financial year. or a refund to the States in proportion to the volume of transfers actually made by them in the current fiscal year.
4.7. Funds transferred by the member States of the Customs Union in the current financial year in excess of the established equity contributions, in agreement with the States, are credited to the actual financing of their expenses for the next financial year.
4.8. If a decision is taken in the current financial year to liquidate the Secretariat, in the absence of its legal successor, the funds remaining in the accounts of the Secretariat after settlements related to liquidation procedures are subject to refund to the member States of the Customs Union in proportion to the amount of transfers actually made by them to finance the Secretariat in the previous financial year.
5. Financial accounting and reporting
5.1. All income and expenses of the Commission's cost estimates, as well as transactions carried out in the course of its execution, are subject to financial accounting and reporting in accordance with the procedure and forms approved by the Executive Secretary of the Commission.
5.2. Quarterly and annual reports on the execution of the Commission's cost estimates shall be prepared by the Secretariat. Quarterly reports are approved by the Executive Secretary of the Commission.
5.3. The annual report on the execution of the Commission's cost estimates is approved by the Supreme Body of the Customs Union.
5.4. The Executive Secretary of the Commission shall inform the Governments of the member States of the Customs Union on a quarterly basis of the completeness of the transfer of contributions.
6. Financial control
6.1. In order to verify compliance with the legality of the use of financial resources by the Secretariat, optimize their spending, assess the state of financial accounting and reporting, and ensure the reliability of reporting, authorized bodies carry out the following forms of financial control:
preliminary financial control;
current financial control;
subsequent financial control.
6.2. Preliminary financial control is carried out during the formation, review and approval of the cost estimates of the Commission in order to determine the effectiveness and optimize the costs of the Secretariat.
6.3. Current financial control is carried out during the execution of the cost estimates of the Commission. The task of current financial control is to prevent unjustified expenditure of financial resources.
6.4. Subsequent financial control is carried out after the actual use of financial resources on the basis of the report on the execution of the cost estimates of the Commission, approved by the Supreme Body of the Customs Union, and based on the results of audits of the financial and economic activities of the Secretariat. Its task is to identify violations of financial discipline, verify the compliance of financial transactions with the regulatory framework of the Customs Union, and monitor the timeliness of spending and the targeted use of financial resources.
6.5. The audit of the financial and economic activities of the Secretariat is carried out by representatives of the member States of the Customs Union by decision of the Commission at least once every two years. The results of the audits are submitted to the Supreme Body of the Customs Union for consideration.
6.6. The procedure for eliminating violations identified during audits of the financial and economic activities of the Secretariat, including misuse of funds, is determined by a decision of the Supreme Body of the Customs Union.
7. Financial discipline
7.1. The share contributions of the member States of the Customs Union to finance the activities of the Commission shall be transferred on time and in full in accordance with the procedure established by these Regulations.
Equity contributions not transferred by the member States of the Customs Union to ensure the activities of the Commission in the current year are subject to mandatory repayment during the next financial year.
7.2. Obligations not fulfilled by a member State of the Customs Union to pay equity contributions to ensure the activities of the Commission are considered to be owed by the State for the relevant financial year.
The procedure for repayment of debts of the member States of the Customs Union for the payment of equity contributions to finance the activities of the Commission is regulated by a decision of the Supreme Body of the Customs Union.
7.3. The financial resources provided for in the Commission's cost estimates must be spent strictly in accordance with the financial plan approved by the Executive Secretary of the Commission.
7.4. The Executive Secretary of the Commission and the Chief Accountant of the Secretariat are personally responsible for the observance of financial discipline.
7.5. Failure to comply with the procedure established by these Regulations for the formation, review and execution of the Commission's cost estimates is considered a violation of financial discipline.
Officials and employees of the Secretariat who violate financial discipline are subject to the measures established by the norms of the national legislation of the host State of the Secretariat.
Approved By the decision of the EurAsEC Interstate Council (the highest body of the Customs Union) at the level of Heads of Government No. 5 dated December 12, 2008
Structure The Secretariat of the Customs Union Commission
The total number of the Commission's Secretariat is 40 people.
including:
officials 12 pers.1
The staff is 28 people.
Management of the Commission's Secretariat
Executive Secretary
Deputy Executive Secretary
Structural divisions of the Commission's Secretariat
· Department of Trade Policy
· Department of Customs Administration
· Department of Financial Policy
· Administrative Department
· Legal Department
Location - Moscow (Russian Federation)
----------------------------
1 The allocation of quota positions in relation to the structure of the Commission's Secretariat is attached
Annex to the Structure of the Secretariat Customs Union Commissions
Allocation of quota positions in relation to the Structure of the Secretariat of the Customs Union Commission
Quota position
Quantity
quota
posts
Quotas of States
Management of the Commission's Secretariat
Executive Secretary 1 Russia
Deputy Responsible Persons 2 Belarus
Secretary of the Republic of Kazakhstan Kazakhstan
Department of Trade Policy
Director of Department 1 Russia
Deputy Director 2 Kazakhstan
Department of Belarus
Department of Customs Administration
Director of Department 1 Kazakhstan
Deputy Director 1 Russia
Department
Department of Financial Policy
Director of Department 1 Belarus
Deputy Director 1 Russia
Department
Administrative Department
Director of Department 1 Russia
Legal Department
Director of Department 1 Russia
Total: 12
Approved By the decision of the EurAsEC Interstate Council (the highest body of the Customs Union) at the level of Heads of Government No. 5 dated December 12, 2008
THE PROCEDURE for determining the level of salaries of officials and staff of the Secretariat of the Customs Union Commission
1. This Procedure establishes a mechanism for determining the level of salaries of officials and employees of the Secretariat of the Customs Union Commission (hereinafter referred to as the Secretariat).
2. The level of monetary support of the Executive Secretary of the Customs Union Commission (hereinafter referred to as the Executive Secretary) is determined based on the base salary of an employee of a foreign institution in Moscow (hereinafter referred to as the base salary), which is calculated based on the cost of living of an employee of a foreign institution in Moscow in the currency of the Russian Federation (Russian rubles) and consists of the cost of food products, expenses for cooking, the cost of clothing and household items, utilities and medical services.
3. The official salary of the Executive Secretary is calculated by multiplying the base salary by a factor of 3.33 (the ratio of the salary level for the highest category of positions to the salary level for the lowest category of employees).
4. Official salaries of officials and employees are calculated on the basis of the official salary of the Executive Secretary, rounded up to ten Russian rubles, in accordance with the Percentage Scheme of the calculated official salaries of officials and employees of the Secretariat of the Customs Union Commission to the official salary of the Executive Secretary of the Customs Union Commission (hereinafter referred to as the Scheme).
5. An increasing coefficient is applied to the official salaries of officials and employees for special working conditions in an international organization, as well as to compensate for social and medical expenses in accordance with the Table of increasing coefficients for the official salaries of officials and employees of the Secretariat of the Customs Union Commission for special working conditions in an international organization, as well as to compensate for social and medical security (hereinafter referred to as the Table).
6. The Scheme and Table are approved by the Interstate Council of the EurAsEC (the highest body of the Customs Union).
7. The calculation of the level of salaries and salaries of officials and staff of the Secretariat is carried out in the currency of the Russian Federation (Russian rubles).
8. This Procedure does not provide for other terms of remuneration for officials and staff of the Secretariat or additional guarantees for social and medical care beyond those provided for in paragraphs 3-5 of this Procedure.
Approved By the decision of the EurAsEC Interstate Council (the highest body of the Customs Union) at the level of Heads of Government No. 5 dated December 12, 2008
THE scheme of the percentage ratio of official salaries of officials and staff of the Secretariat of the Commission of the Customs Union to the salary of the Executive Secretary of the Commission of the Customs Union
Name of the position
Official salary
as a percentage
1
2
Executive Secretary
100
Deputy Executive Secretary
90
Director of the Department
80
Deputy Director of the Department
70
Advisor
65
Advisor - Chief Accountant
65
Consultant
50
Consultant accountant
50
Main expert
45
Leading specialist
35
Specialist of the 1st category
30
Approved By the decision of the EurAsEC Interstate Council (the highest body of the Customs Union) at the level of Heads of Government No. 5 dated December 12, 2008
TABLE OF increasing coefficients for official salaries of officials and staff of the Secretariat of the Customs Union Commission for special working conditions in an international organization, as well as for compensation of social and medical expenses
Name of the position
The increasing coefficient
1
2
Executive Secretary
2,2
Deputy Executive Secretary
2,1
Director of the Department
2,1
Deputy Director of the Department
Advisor
1,9
Advisor - Chief Accountant
Consultant
Consultant accountant
Main expert
1,7
Leading specialist
Specialist of the 1st category
I hereby certify that these texts are complete and authentic copies of the decision of the Interstate Council of the Eurasian Economic Community (the supreme body of the Customs Union) No. 5 and its annexes, signed on December 12, 2008 in Moscow on behalf of the Republic of Belarus by Prime Minister of the Republic of Belarus S.S. Sidorsky, on behalf of the Government of the Republic of Kazakhstan by the Prime Minister of the Republic of Kazakhstan by K.K. Masimov, from the Government of the Russian Federation - by V.V. Putin, Chairman of the Government of the Russian Federation.
The original copy is kept in the Integration Committee of the Eurasian Economic Community.
Director
Legal Department
B.C. Knyazev
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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