On the ratification of the Treaty Establishing the Eurasian Economic Community

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Law of the Republic of Kazakhstan dated April 2, 2001 No. 172

RCPI's note! The Agreement was terminated by the Law of the Republic of Kazakhstan dated December 24, 2014 No. 266-V.

To ratify the Treaty on the Establishment of the Eurasian Economic Community, signed in Astana on October 10, 2000.

President of the Republic of Kazakhstan

Treaty on the Establishment of the Eurasian Economic Community

(Entered into force on May 30, 2001 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004, No. 6, art. 31)

The Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan, hereinafter referred to as the Contracting Parties, driven by the desire to ensure their dynamic development by coordinating ongoing socio-economic transformations while effectively using economic potentials to improve the standard of living of their peoples; determined to increase the effectiveness of cooperation in order to develop integration processes between them and deepen mutual cooperation in various fields; Realizing the need to coordinate approaches to integration into the global economy and the international trading system; expressing their readiness to fully fulfill the obligations assumed by them in accordance with the Agreement on the Customs Union between the Russian Federation and the Republic of Belarus of January 6, 1995, the Agreement on the Customs Union of January 20, 1995, the Treaty on Deepening Integration in the Economic and humanitarian fields of March 29, 1996 and the Agreement on the Customs Union and the Single Economic Space of February 26, 1999; Reaffirming their commitment to the principles of the Charter of the United Nations, as well as the universally recognized principles and norms of international law, agreed on the following:

Article 1 Establishment of an international organization

The Contracting Parties hereby establish the international organization "Eurasian Economic Community" (hereinafter referred to as the EurAsEC or the Community). The EurAsEC shall have powers voluntarily delegated to it by the Contracting Parties in accordance with the provisions of this Treaty. The Contracting Parties remain sovereign and equal subjects of international law.

Article 2 Goals and objectives

The EurAsEC is being created to effectively advance the process of formation by the Contracting Parties of the Customs Union and the Single Economic Space, as well as the implementation of other goals and objectives defined in the above-mentioned agreements on the Customs Union, the Treaty on Deepening Integration in the Economic and Humanitarian Fields and the Treaty on the Customs Union and the Single Economic Space, in accordance with the stages outlined in these documents. Previously concluded agreements between the Contracting Parties, as well as decisions of the integration management bodies, continue to be valid to the extent that they do not contradict this Agreement.

Article 3 Bodies

Ensuring the continuity of the integration management bodies established earlier by the Contracting Parties, the Interstate Council (Interstate Council) operates within the framework of the EurAsEC in order to fulfill the goals and objectives of this Treaty; Integration Committee; Interparliamentary Assembly (IPA); Community Court. The decision to terminate the activities of the integration management bodies established by The Agreement on Deepening Integration in the Economic and Humanitarian Fields of March 29, 1996 and the Agreement on the Customs Union and the Single Economic Space of February 26, 1999, is adopted by the Interstate Council.

Article 4 The Presidency

The chairmanship of the Interstate Council and the Integration Committee is carried out alternately in the order of the Russian alphabet by each member State of the Community for one year. The order of the chairmanship of other Community bodies is determined by the relevant provisions.

Article 5 The Interstate Council

The Interstate Council is the supreme body of the EurAsEC. It consists of the Heads of State and Heads of Government of the Contracting Parties. The Interstate Council considers the fundamental issues of the Community related to the common interests of the participating states, determines the strategy, directions and prospects for the development of integration and makes decisions aimed at achieving the goals and objectives of the EurAsEC. The Interstate Council gives instructions to the Integration Committee, addresses inquiries and recommendations to the Interparliamentary Assembly, and requests to the Community Court. The Interstate Council may establish subsidiary bodies of the Community by its decisions. The Interstate Council meets at the level of heads of State at least once a year and at the level of heads of Government at least twice a year. Meetings are held under the leadership of a representative of the Contracting Party that chairs the Interstate Council. The functions and working procedure of the Interstate Council are determined by the Regulations, which are approved by the Interstate Council at the level of the heads of the EurAsEC member States. The Interstate Council is the highest body of the Customs Union. Decisions on customs union issues are made by the members of the Interstate Council from the Contracting Parties forming the customs union. The specifics of the work procedure of the Interstate Council in the performance of its functions as the supreme body of the Customs Union are determined by the Regulations approved by the Interstate Council. The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 04/22/2008 No. 26-IV.

Article 6 Integration Committee

The Integration Committee is a permanent body of the EurAsEC. 1. The main tasks of the Integration Committee are: ensuring the interaction of EurAsEC bodies; preparing proposals on the agenda of meetings of the Interstate Council and the level of their holding, as well as draft decisions and documents; preparing proposals for the formation of the EurAsEC budget and monitoring its implementation; monitoring the implementation of decisions taken by the Interstate Council. In order to fulfill its tasks, the Integration Committee: makes decisions within the limits of the powers defined by this Treaty, as well as delegated to it by the Interstate Council; annually submits to the Interstate Council a report on the state of affairs in the Community and the progress of the implementation of its goals and objectives, a report on its activities, as well as on the implementation of the EurAsEC budget; considers measures aimed at achieving the goals of the Community, including the conclusion of relevant agreements and the implementation by the Contracting Parties of a common policy on specific issues and prepares appropriate proposals; has the right to make recommendations to the Interstate Council, with recommendations and requests to the Interparliamentary Assembly and the Governments of the Contracting Parties, with requests to the Community Court. 2. The Integration Committee consists of the Deputy Heads of Government of the Contracting Parties. The Chairman of the Integration Committee participates in the meetings of the Interstate Council. Meetings of the Integration Committee are held at least once every three months. During the period between the meetings of the Integration Committee, the ongoing work of the Community is provided by the Commission of Permanent Representatives (Permanent Representatives) of the Contracting Parties to the EurAsEC, appointed by the Heads of the participating States. 3. The organization of work and information and technical support of the Interstate Council and the Integration Committee are entrusted to the Secretariat of the Integration Committee (Secretariat). The Secretariat is headed by the Secretary General, who is appointed by the Interstate Council on the recommendation of the Integration Committee for a three-year term. The Secretary General is the highest administrative official of the Community and participates in meetings of the Interstate Council and the Integration Committee. The Secretariat is formed from among the citizens of the participating States on a quota basis, taking into account the contributions of the Contracting Parties to the Community budget and the persons employed under the contract. In the performance of their official duties, the Secretary-General and the staff of the secretariat shall not seek or receive instructions from any Contracting Party or authority outside the Community. They should refrain from any actions that could affect their position as international officials responsible only to the EurAsEC. The Contracting Parties undertake to respect the international character of the duties of the Secretary-General and the staff of the Secretariat and not to attempt to influence them in the performance of their official duties. The functions and working procedure of the Integration Committee are determined by the Regulations approved by the Interstate Council.

Article 7 The Interparliamentary Assembly

The Interparliamentary Assembly is the body of parliamentary cooperation within the framework of the EurAsEC, which considers issues of harmonization (approximation, unification) of the national legislation of the Contracting Parties and bringing it into line with the treaties concluded within the framework of the EurAsEC in order to achieve the objectives of the Community. The Interparliamentary Assembly is composed of parliamentarians delegated by the Parliaments of the Contracting Parties. The Interparliamentary Assembly, within the limits of its powers: develops the Foundations of Legislation in the basic areas of legal relations to be considered by the Interstate Council; adopts model drafts on the basis of which acts of national legislation are developed; may make recommendations to the Interstate Council, requests and recommendations to the Integration Committee and the parliaments of the Contracting Parties, and requests to the Community Court. The regulations on the Interparliamentary Assembly are approved by the Interstate Council.

Article 8 Community Court

The Community Court shall ensure the uniform application by the Contracting Parties of this Treaty and other treaties in force within the Community and decisions taken by EurAsEC bodies. The Community Court also considers disputes of an economic nature arising between the Contracting Parties on the implementation of decisions of the EurAsEC bodies and the provisions of treaties in force within the Community, provides explanations on them, as well as conclusions. After the unification of the customs territories of the Contracting Parties forming the Customs Union, the Community Court: 1) considers cases on the compliance of acts of the Customs Union bodies with international treaties forming the legal framework of the Customs Union; 2) considers cases on challenging decisions, actions (inaction) of the Customs Union bodies; 3) interprets international treaties forming the legal framework of the Customs Union. acts adopted by the Customs Union authorities; 4) resolves disputes between the Commission of the Customs Union and the member States of the Customs Union, as well as between the member States of the Customs Union on the fulfillment of their obligations assumed within the framework of the Customs Union. The jurisdiction of the Community Court may include other disputes, the resolution of which is provided for by international treaties within the framework of the EurAsEC. The Community Court shall be composed of representatives of the Contracting Parties, consisting of no more than two representatives from each Contracting Party. Judges are appointed by the Interparliamentary Assembly on the recommendation of the Interstate Council for a term of six years. Judges who are representatives of the Contracting Parties forming the customs Union participate in the consideration of cases based on the application or interpretation of international treaties forming the legal framework of the Customs Union, acts of the customs Union authorities, as well as cases challenging decisions, actions (inaction) of the Customs Union authorities. The rules of procedure and consideration of cases in the Community Court, the status of judges of the Community Court and the organization of the activities of the Community Court are determined by its By statute. The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 04/22/2008 No. 26-IV.

Article 9 Membership

Admission to membership in the EurAsEC is open to all States that assume obligations arising from this Treaty and other treaties in force within the Community according to the list determined by the decision of the Interstate Council, and which, in the opinion of the EurAsEC members, can and intend to fulfill these obligations. Any Contracting Party has the right to withdraw from the EurAsEC, having previously settled its obligations to the Community and its members and having sent to the Integration Committee an official notification of withdrawal from this Treaty no later than twelve months before the date of withdrawal. Termination of membership occurs in the current fiscal year if the notification is sent before the adoption of the Community budget for the next fiscal year. If the notification is sent after the adoption of the budget for the next year, the termination of membership occurs in that next fiscal year. Participation in the work of the EurAsEC bodies of a Contracting Party that violates the provisions of this Treaty and/or treaties in force within the Community may be suspended by a decision of the Interstate Council. If this Contracting Party continues to violate its obligations, the Interstate Council may decide to expel it from the Community from a date determined by the Interstate Council itself.

Article 10 Observers

Observer status at the EurAsEC may be granted to any State or international interstate (intergovernmental) organization upon request. Decisions on granting, suspending or canceling observer status are made by the Interstate Council.

Article 11 Legal capacity

The EurAsEC enjoys in the territory of Each Contracting Party the legal capacity necessary for the realization of its goals and objectives. The EurAsEC may establish relations with States and international organizations and conclude agreements with them. The EurAsEC enjoys the rights of a legal entity and, in order to achieve its goals and objectives, can, in particular: - conclude contracts; - acquire and dispose of property; - appear in court; - open accounts and carry out transactions with funds.

Article 12 Location of the organs

The seat of the Integration Committee is the city of Almaty (Republic of Kazakhstan) and the city of Moscow (Russian Federation). The seat of the Interparliamentary Assembly is the city of Saint Petersburg (Russian Federation). The seat of the Community Court is the city of Minsk (Republic of Belarus). By decision of the Interstate Council, representative offices of the Integration Committee may be opened in the member States of the Community.

Article 13 Decision-making procedure

1. The Interstate Council makes all decisions by consensus, with the exception of decisions on suspension of membership or exclusion from membership of the Community, which are made on the principle of "consensus minus the vote of the interested Contracting Party". 2. In the Integration Committee, decisions are made by a 2/3 majority vote. If five Contracting Parties voted for the decision, but it did not gain a majority of 2/3 of the votes, the issue is referred to the Interstate Council for consideration. The number of votes of each of the Contracting Parties corresponds to its share contribution to the Community budget for the maintenance of EurAsEC bodies, financing meetings of Community bodies and the Commission of Permanent Representatives to EurAsEC, and amounts to: the Republic of Belarus - 15 votes; the Republic of Kazakhstan - 15 votes; Kyrgyz Republic - 7.5 votes; The Russian Federation - 40 votes; the Republic of Tajikistan - 7.5 votes; the Republic of Uzbekistan - 15 votes.  The footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 04.07.2006 No. 154.

Article 14 Enforcement of decisions

The decisions of the EurAsEC bodies are executed by the Contracting Parties by adopting the necessary national regulatory legal acts in accordance with national legislation. Control over the fulfillment of the obligations of the Contracting Parties to implement this Treaty, other treaties in force within the Community and decisions of the EurAsEC bodies is carried out by the Community bodies within their competence.

Article 15 Financing

1. The activities of the EurAsEC bodies are financed from the Community budget. The Community's budget for the next fiscal year is developed by the Secretariat of the EurAsEC Integration Committee in coordination with the member States, reviewed in accordance with the established procedure and approved by the Interstate Council. The Community budget cannot have a deficit. 2. The Community budget is formed by: 1) shared contributions from the Contracting Parties for the maintenance of Community bodies, financing meetings of Community bodies and the Commission of Permanent Representatives to the EurAsEC according to the following scale: The Republic of Belarus - 15%; the Republic of Kazakhstan - 15 %; Kyrgyz Republic - 7.5 %; Russian Federation - 40 %; Republic of Tajikistan - 7.5%; Republic of Uzbekistan - 15 %; 2) contributions of the Contracting Parties to finance the interstate targeted programs of the EurAsEC and other activities determined by the decisions of the Interstate Council in proportions corresponding to the degree of participation of the Contracting Parties, according to the decisions of the Interstate Council for each program. 3. The funds of the Community budget are directed to: the maintenance of Community bodies; financing of meetings of Community bodies and the Commission of Permanent Representatives to the EurAsEC; financing of interstate targeted programs of the EurAsEC; other measures that do not contradict the goals and objectives of the EurAsEC, approved by the Interstate Council. 4. If the debt owed by one of the Contracting Parties to the EurAsEC budget exceeds the amount equivalent to its annual contribution, it may be deprived of the right to vote in the Community bodies by a decision of the Interstate Council until the debt is fully repaid. The votes belonging to it shall be distributed among the other Contracting Parties in proportion to their contributions to the Community budget for the maintenance of EurAsEC bodies and financing meetings of Community bodies and the Commission of Permanent Representatives to EurAsEC.  The footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 04.07.2006 No. 154.

Article 16 Privileges and immunities

The Community and its officials shall enjoy the privileges and immunities necessary to perform the functions and achieve the objectives provided for in this Treaty and the treaties in force within the framework of the EurAsEC. The scope of privileges and immunities of the Community and its officials, staff of the Secretariat and Representative Offices of the Integration Committee, as well as Permanent Representatives of the Contracting Parties to the Community, is determined by separate documents.

Article 17 Working language

The working language of the EurAsEC is Russian.

Article 18 Period of validity and entry into force

This Agreement is concluded for an indefinite period. This Treaty is subject to ratification by the Contracting Parties and shall enter into force on the date of delivery of the last notification to the depositary, which is the Integration Committee, on the completion of the internal procedures necessary for its entry into force. The Parties, if necessary, shall bring their national legislation into line with the provisions of this Treaty.

Article 19 Amendments and additions

Amendments and additions may be made to this Agreement, which are formalized by the Contracting Parties in a separate protocol, which is an integral part of this Agreement.

Article 20 Registration

This Treaty, in accordance with Article 102 of the UN Charter, is subject to registration with the United Nations Secretariat. Done in Astana on October 10, 2000, in a single copy in the Belarusian, Kazakh, Kyrgyz, Russian and Tajik languages, all texts being equally authentic. In case of disagreement on the text of this Agreement, the Contracting Parties will use the text in Russian. The original copy of the Agreement is kept in the Integration Committee, which will send a certified copy to each Contracting Party.

For For For For For For the Republic of the Republic The Kyrgyz Republic, the Russian Republic, Belarus, the Republic of Kazakhstan The Federation Tadjikistan

I hereby certify that the attached texts are authentic copies of Decision No. 78 "On the Treaty Establishing the Eurasian Economic Community", adopted at the meeting of the Interstate Council on October 10, 2000 in Astana and the Treaty Establishing the Eurasian Economic Community, signed by President of the Republic of Belarus A.G. Lukashenko, President of the Republic of Kazakhstan N.A. Nazarbayev, President of the Republic of Kazakhstan President of the Kyrgyz Republic A.A. Akayev, President of the Russian Federation V.V. Putin and President of the Republic of Tajikistan E.S. Rakhmonov. The original copies of the above-mentioned documents are kept in the Integration Committee of the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Republic of Tajikistan.

Deputy Business Manager The Integration Committee

President

Republic of Kazakhstan

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