On the ratification of the Treaty on the Appeal to the Court of the Eurasian Economic Community of Economic Entities on Disputes within the Customs Union and the specifics of Judicial proceedings on them

Law of the Republic of Kazakhstan dated June 30, 2011 No. 449-IV

     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 Agreement on Applying to the Court of the Eurasian Economic Community of Economic Entities for Disputes within the Customs Union and the Specifics of Judicial Proceedings on them, concluded in Moscow on December 9, 2010.

     President of the Republic of Kazakhstan N. Nazarbayev

  Agreement on the appeal to the Court of the Eurasian Economic Community of Economic Entities on disputes within the Customs Union and the specifics of judicial proceedings on them

     The member States of the Eurasian Economic Community, hereinafter referred to as the Parties, guided by generally recognized principles and norms of international law, 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, in order to ensure the uniform application by the member States of the Customs Union of international treaties concluded in within the framework of the Customs Union,       In accordance with paragraph 3 of Article 14 of the Statute of the Court of the Eurasian Economic Community dated July 5, 2010, we have agreed as follows:

  Article 1

     For the purposes of this Agreement, the following concepts are used:       "business entity" means a legal entity registered in accordance with the legislation of a member state of the Customs Union or a third state, or an individual registered as an entrepreneur in accordance with the legislation of a member state of the Customs Union or a third state.;       "court costs" - amounts of money to be paid to experts, witnesses and interpreters, expenses for lawyers and other persons representing the interests of an economic entity in the Court of the Eurasian Economic Community, and other expenses incurred by the parties to the case in connection with its consideration in the Court of the Eurasian Economic Community; "acts of the Customs Union Commission" - decisions of the Customs Union Commission that are binding and affect the rights and legitimate interests of business entities in the field of entrepreneurial and other economic activities.

  Article 2

     1. The Court of the Eurasian Economic Community (hereinafter referred to as the Court) hears cases based on applications from business entities (hereinafter referred to as applications):       1) on challenging acts of the Customs Union Commission or their individual provisions; 2) on challenging actions (inaction) The Commission of the Customs Union.       2. The basis for challenging acts of the Customs Union Commission or their individual provisions or actions (inaction) The Commission of the Customs Union is concerned about their non-compliance with international treaties concluded within the framework of the Customs Union, which resulted in a violation of the rights and legitimate interests of business entities in the field of entrepreneurial and other economic activities provided for in these international treaties.       3. The Court shall not accept an application for consideration if there is a Court decision that has entered into force in a previously considered case on the same subject and on the same grounds.

  Article 3

     1. The supreme judicial authority of a member state of the Customs Union has the right to apply to the Court with a request for an opinion on the application of international treaties concluded within the Customs Union and acts of the Customs Union Commission affecting the rights and legitimate interests of economic entities, if these issues significantly affect the resolution of the case on the merits.       2. When considering a dispute in the supreme judicial authority of a member state of the Customs Union, an economic entity participating in the case has the right to apply to this body with a request for a Court opinion if it believes that its rights and legitimate interests provided for by international treaties concluded within the framework of the Customs Union and acts of the Customs Union Commission, are violated.       3. If the issue of requesting an opinion is raised in a case pending before the supreme judicial authority of a member State of the Customs Union, the decision on which, in accordance with the legislation of the member State of the Customs Union, is not subject to appeal, this body is obliged to apply to the Court, provided that the issues on which an opinion is requested, They significantly affect the resolution of the case on the merits and the Court has not previously issued conclusions on similar requests.

  Article 4

     1. The application is accepted by the Court for consideration only after the preliminary appeal of the business entity to the Commission of the Customs Union.       If the Commission of the Customs Union has not taken measures on the received appeal within 2 months, the business entity has the right to apply to the Court. 2. Filing an application to the Court is not a ground for suspending the acts of the Customs Union Commission.

  Article 5

     1. The application submitted to the Court must specify:       1) the surname, first name, patronymic of an individual, data on his registration as an entrepreneur or the name of a legal entity and data on his registration as such; 2) the place of residence of an individual or the location of a legal entity, including the official name of the country, postal address (correspondence address), as well as telephone number, fax number, e-mail address (if any);       3) the name, number, date of adoption, source of publication of the disputed act of the Customs Union Commission and (or) a description of the action (inaction) 4) the rights and legitimate interests that, in the opinion of the business entity, are violated by the disputed act of the Customs Union Commission and (or) the action (inaction) Customs Union Commissions;       5) the requirement of an economic entity to recognize an act of the Customs Union Commission and (or) an action (inaction) Commission of the Customs Union violating his rights and legitimate interests in the field of entrepreneurial and other economic activities provided to him by international treaties concluded within the framework of the Customs Union; 6) information on the application to the Commission of the Customs Union.       2. The following documents are attached to the application: 1) the text of the disputed act of the Customs Union Commission;       2) a copy of the certificate of state registration of a legal entity or individual as an entrepreneur; 3) documents confirming the application to the Customs Union Commission; 4) a document confirming payment of the fee; 5) other documents substantiating the requirements of the business entity.       3. The court shall notify the parties to the case of the acceptance of the application for consideration or of the refusal to accept the application, indicating the grounds for refusal.

  Article 6

     At any stage of the consideration of the case, the Court, at the request of a party to the case or on its own initiative, has the right to take reasonable temporary measures, including interim measures, in order to enforce the Court's decision or prevent possible violations of the rights and legitimate interests of business entities provided for by international treaties concluded within the Customs Union.

  Article 7

     1. The appeal of an economic entity to the Court is subject to a fee.       2. The fee is paid by the business entity before submitting the application to the Court. 3. If the Court satisfies the requirements of the business entity specified in the application, the fee will be refunded.       4. The amount, currency of the payment, and the procedure for crediting, using, and refunding the fee are determined by the Interstate Council of the Eurasian Economic Community (at the level of heads of state).

  Article 8

     Each party to the case bears its own legal costs.

  Article 9

     1. To consider cases involving economic entities, the Court forms a Board of the Court, which includes one judge from each member State of the Customs Union.       2. The term of consideration of the case is not more than 3 months from the date of receipt by the Court of the application.       3. The decision of the Collegiums of the Court is a Court decision if it has not been appealed in accordance with the procedure provided for in Article 10 of this Treaty.       4. When considering cases on challenging an act of the Customs Union Commission and (or) actions (inaction) At a court session of the Customs Union Commission, the Court shall verify: 1) the contested act of the Customs Union Commission or its individual provisions, and (or) the contested actions (omissions) The Commission of the Customs Union for compliance with international treaties concluded within the framework of the Customs Union; 2) the powers of the Commission of the Customs Union to adopt the disputed act or its individual provisions;       3) the fact of violation of the rights and legitimate interests of business entities in the field of entrepreneurial and other economic activities granted to them by international treaties concluded within the framework of the Customs Union.

  Article 10

1. The decision of the Collegium of the Court shall enter into force 15 calendar days after the date of its issuance, unless it has been appealed by the parties to the case to the Appeals Chamber of the Court.       2. A party to the case who believes that the decision of the Board of the Court violated its rights and legitimate interests provided by international treaties concluded within the framework of the Customs Union, in connection with their improper application, has the right to appeal the decision of the Board of the Court, which has not entered into force, to the Appeals Chamber of the Court.       3. The Appeals Chamber of the Court consists of judges of the Court from the member States of the Customs Union who did not participate in the consideration of the case, the decision of the Collegium of the Court on which is being appealed.       4. The decision of the Appeals Chamber of the Court is a Court decision and comes into force from the date of its issuance.       5. The Court's decision is final and cannot be appealed.       6. The Court's decision may be reviewed on newly discovered circumstances in accordance with the procedure provided for in Article 23 of the Statute of the Court of the Eurasian Economic Community dated July 5, 2010.       7. A Court decision or its individual provisions may be officially explained only by the Court itself at the request of the parties to the case, as well as on its own initiative.

  Article 11

     1. Based on the results of consideration of cases on challenging acts of the Customs Union Commission or their individual provisions, the Court makes one of the following decisions: 1) on recognizing the contested act or individual provisions as conforming to international treaties concluded within the Customs Union; 2) on recognizing the contested act or its individual provisions as inconsistent with international treaties concluded within the Customs Union.       2. An act of the Customs Union Commission or its individual provisions deemed by a Court to be inconsistent with international treaties concluded within the Customs Union shall be suspended from the date of entry into force of the Court's decision and this act or its individual provisions shall be brought into line by the Customs Union Commission with international treaties concluded within the Customs Union.       3. Based on the results of consideration of cases on challenging actions (inaction) The Court of the Customs Union Commission makes one of the following decisions: 1) on recognizing the contested action (inaction) as inconsistent with international treaties concluded within the Customs Union and violating the rights and legitimate interests of an economic entity in the field of entrepreneurial and other economic activities;       2) recognizing the contested action (inaction) as conforming to international agreements concluded within the framework of the Customs Union and not violating the rights and legitimate interests of an economic entity in the field of entrepreneurial and other economic activities.       4. The court leaves without consideration claims for damages or other property claims.

  Article 12

     1. The Customs Union Commission is obliged, within a reasonable period, but not exceeding 60 calendar days from the date of entry into force of a Court decision, to execute a Court decision that has entered into force, in which the Court found that by an act or action (omission) The Commission of the Customs Union violated the rights and legitimate interests of economic entities provided for by international treaties concluded within the framework of the Customs Union.       2. If the Customs Union Commission fails to comply with a Court decision, the business entity has the right to apply to the Court with a request for measures to enforce it.       3. At the request of an economic entity, the court must, within 15 calendar days from the date of its receipt, apply to the Interstate Council of the Eurasian Economic Community at the level of heads of Government (the Highest body of the Customs Union) for its decision on this issue.

  Article 13

     1. The procedure for considering cases on applications from business entities in the part not regulated by this Agreement is determined by the Rules of Procedure of the Court for Consideration of Appeals from Business Entities (hereinafter referred to as the Rules).       2. The Rules of Procedure shall be developed and approved by the Court in coordination with the Interparliamentary Assembly of the Eurasian Economic Community.

  Article 14

     Disputes related to the application or interpretation of the provisions of this Agreement are resolved through consultations and negotiations between the Parties.

  Article 15

     Amendments to this Agreement are made by mutual agreement of the Parties and are formalized by protocols.

  Article 16

     This Agreement shall enter into force on the 30th day after the date of receipt by the depositary of the third notification on the completion by the Parties of the internal procedures necessary for the entry into force of this Agreement.       The original copy of this Agreement is kept in The Integration Committee of the Eurasian Economic Community, which, as the depositary of this Agreement, will send each Party a certified copy of it.       This Treaty, in accordance with Article 102 of the Charter of the United Nations, is subject to registration with the United Nations Secretariat.       Done in Moscow on December 9, 2010, in one original copy in the Russian language.

         For For For the Republic of the Republic          Kyrgyz Belarus              The Republic of Kazakhstan

                  For For                The Russian Republic                 The Federation             Tadjikistan

     I hereby certify that this text is a complete and authentic copy of the original Decision of the Interstate Council of the Eurasian Economic Community (at the level of heads of State) "On the Treaty of Appeal to the Court of the Eurasian Economic Community of Economic Entities and the specifics of legal proceedings on them" dated December 9, 2010 No. 534, signed by: President of the Republic of Belarus Alexander Lukashenko, President of the Republic of Kazakhstan by N.A. Nazarbayev, President of the Kyrgyz Republic, Prime Minister of the Kyrgyz Republic R.I. Otunbayeva, President of the Russian Federation D.A. Medvedev, President of the Republic of Tajikistan E. Rahmon.       The original copy is kept in the Integration Committee of the Eurasian Economic Community.

A total of 9 sheets are laced, signed and stamped.  

     Head of the Legal Department of the Secretariat of the EurAsEC EC V.S. Knyazev on 12/16/2010

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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