On the ratification of the Treaty on the Eurasian Economic Commission

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The Law of the Republic of Kazakhstan dated January 10, 2012 No. 536-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 Treaty on the Eurasian Economic Commission, signed in Moscow on November 18, 2011.

President

Republic of Kazakhstan

N. NAZARBAYEV

The TREATY on the Eurasian Economic Commission (Entered into force on February 2, 2012 - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 2, Article 27)

The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties,

Based on the Agreement on the Establishment of the Eurasian Economic Community of October 10, 2000 and the Agreement on the Establishment of a Single Customs Territory and the Formation of the Customs Union of October 6, 2007,

guided by generally recognized principles and norms of international law,

based on mutual interest in the effective functioning and development of the Customs Union and the Single Economic Space,

We have agreed on the following:

Section I. General provisions

Article 1

The Parties establish the Eurasian Economic Commission (hereinafter referred to as the Commission) as a single permanent regulatory body of the Customs Union and the Single Economic Space.

The main task of the Commission is to ensure the conditions for the functioning and development of the Customs Union and the Single Economic Space, as well as to develop proposals in the field of economic integration within the framework of the Customs Union and the Single Economic Space.

Article 2

The Commission carries out its activities based on the following principles:

ensuring mutual benefit, equality and consideration of the national interests of the Parties;

the economic validity of the decisions taken;

openness, transparency and objectivity.

Article 3

The Commission carries out its activities within the limits of its powers provided for by this Treaty, international treaties forming the legal framework of the Customs Union and the Single Economic Space, as well as decisions of the Supreme Eurasian Economic Council in the following areas:

customs tariff and non-tariff regulation;

Customs administration;

technical regulation;

sanitary, veterinary and phytosanitary measures;

crediting and distribution of import customs duties;

establishment of trade regimes with respect to third countries;

statistics of foreign and mutual trade;

macroeconomic policy;

competition policy;

industrial and agricultural subsidies;

energy policy;

natural monopolies;

state and (or) municipal procurement;

mutual trade in services and investments;

transportation and transportation;

monetary policy;

protection and protection of the results of intellectual activity and means of individualization of goods, works and services;

labor migration;

financial markets (banking, insurance, foreign exchange market, securities market);

other areas.

Article 4

The Commission consists of the Council of the Commission and the Board of the Commission. The procedure for the activities of the Council of the Commission and the Board of the Commission is regulated by the Rules of Procedure of the Eurasian Economic Commission (hereinafter referred to as the Regulations), approved by the Supreme Eurasian Economic Council at the level of heads of State.

Within the framework of its activities, the Commission has the right to form structural divisions (hereinafter referred to as Commission departments), representative offices of the Commission in the Parties, by decision of the Supreme Eurasian Economic Council at the level of heads of state - in third countries and their associations, as well as in international organizations.

The Commission enjoys the rights of a legal entity.

Article 5

1. The Commission, within the limits of its powers, makes decisions that are binding on the Parties and recommendations that are not binding.

The Commission's decisions are included in the legal framework of the Customs Union and the Single Economic Space and are subject to direct application in the territories of the Parties.

2. The decisions and recommendations of the Commission shall be adopted by the Council of the Commission and the Board of the Commission within the limits of the powers established by this Agreement and in accordance with the procedure provided for by this Agreement and the Regulations.

The division of powers and functions of the Council of the Commission and the Board of the Commission is determined by the Rules of Procedure.

3. Unless otherwise provided by international treaties, the Commission's decisions shall enter into force no earlier than 30 calendar days after the date of their official publication.

The Commission's decisions referred to in paragraph 5 of this article, as well as Commission decisions taken in exceptional cases requiring prompt response, may provide for a different period of entry into force, but not less than 10 calendar days from the date of their official publication.

The procedure for the adoption and entry into force of Commission decisions in exceptional cases requiring prompt response, as well as decisions provided for in paragraph 5 of this Article, shall be established by the Rules of Procedure.

4. Decisions of the Commission that worsen the situation of individuals and (or) legal entities are not retroactive.

5. Decisions of the Commission that improve the situation of individuals and (or) legal entities may be retroactive if they explicitly provide for this.

6. The Commission's decisions are subject to publication on the Commission's official website on the Internet, with the exception of the Commission's decisions provided for in the Regulations, and are sent to the Parties no later than 3 calendar days from the date of the decision. The date of publication of the Commission's decision on the Commission's official website on the Internet is recognized as the date of the official publication of this decision.

Article 6

The Commission, within the limits of its powers, ensures the implementation of international agreements forming the legal framework of the Customs Union and the Single Economic Space.

The Commission performs the functions of a depository of international treaties forming the legal framework of the Customs Union and the Single Economic Space, and decisions of the Supreme Eurasian Economic Council.

The Commission may be authorized by the Supreme Eurasian Economic Council to sign international treaties on issues within the competence of the Commission.

In order to ensure the effective functioning of the Customs Union and the Single Economic Space, the Commission has the right to establish advisory bodies to hold consultations on certain issues, decision-making on which falls within the competence of the Commission.

The Commission has the right to request from the authorities of the Parties, legal entities and individuals the information necessary for the Commission to exercise its powers.

The executive authorities of the Parties shall ensure that the information requested from them is provided within the time limits established by the Regulations, provided that the information does not contain information classified as a state secret (state secrets) or information restricted to dissemination in accordance with the legislation of their State.

The procedure for the exchange of information containing information related to state secrets (state secrets) in accordance with the legislation of each Party, or information restricted to dissemination in accordance with the legislation of each Party, is established by separate international treaties.

Article 7

1. The Commission's decisions are made in accordance with the procedure established by this Agreement, based on a vote of the members of the Commission's Council or members of the Commission's Board.

2. The votes in the Commission are distributed as follows:

a) in the Council of the Commission, one vote of a member of the Council of the Commission is one vote;

b) in the Board of the Commission, one vote of a member of the Board of the Commission is one vote.

3. Financing of the Commission's activities is carried out on the basis of the Commission's budget for the next calendar year, formed from shared contributions from the Parties, determined in proportion to the standards for the distribution of import customs duties for each Party in accordance with the Agreement on the Establishment and Application in the Customs Union of the procedure for crediting and distributing import customs duties (other duties, taxes and Fees having equivalent action) dated May 20, 2010.

4. The budget of the Commission and the regulations on the budget of the Commission are subject to approval by the Supreme Eurasian Economic Council at the level of heads of state.

Section II. The Board of the Commission

Article 8

The Council of the Commission carries out the general regulation of integration processes in the Customs Union and the Single Economic Space, as well as carries out the general management of the Commission's activities.

The Council of the Commission consists of one representative from each Party, who is the deputy head of Government, endowed with the necessary powers in accordance with the legislation of the relevant Party.

The Parties shall notify each other, as well as the Board of the Commission, of the representative in the Council of the Commission in accordance with the procedure established by the Regulations.

Article 9

The Board of the Commission performs the following functions and powers:

submits draft international agreements signed by the Commission for approval by the Supreme Eurasian Economic Council;

organizes work to improve the regulatory framework of the Customs Union and the Single Economic Space;

submits for approval by the Supreme Eurasian Economic Council the main directions of integration within the framework of the Customs Union and the Single Economic Space;

considers the issue of cancellation or amendment of the Commission's decisions adopted by the Board of the Commission in accordance with the procedure provided for in Article 13 of this Agreement;

Considers the issue of monitoring and control over the implementation of international treaties that form the legal framework of the Customs Union and the Single Economic Space;

Approves, on the recommendation of the Chairman of the Board of the Commission, the list of departments of the Commission, their staffing, as well as their distribution among the members of the Board of the Commission;

Approves the qualification requirements for the staff of the Commission's departments;

Decides to revoke privileges and immunities from the staff of the Commission on the grounds provided for by the Convention on Privileges and Immunities of the Eurasian Economic Community of May 31, 2001;

Approves the budget of the Commission;

Approves the remuneration procedure for members of the Board of the Commission and employees of the departments of the Commission;

Approves the total maximum staffing of the Commission's departments and submits this staffing for approval by the Supreme Eurasian Economic Council at the level of heads of State;

Decides on the establishment of representative offices of the Commission in the Parties to this Agreement;

In order to ensure the observance of the rights of citizens of the Parties to employment in the departments of the Commission provided for in this Agreement, forms an ethics commission under the Council of the Commission and approves its regulations.;

gives instructions to the Board of the Commission;

performs other functions and powers in accordance with the Regulations.

The Council of the Commission has the right to determine issues on which the Board of the Commission is obliged to consult within the framework of the advisory body established in accordance with Article 19 of this Treaty, before making a decision by the Council of the Commission or the Board of the Commission.

If the Supreme Eurasian Economic Council of the Commission grants the right to sign an international treaty, the Council of the Commission may, by its decision, grant it in accordance with the procedure established by the Regulations.:

The Chairman of the Board of the Commission has the right to sign international treaties on issues within the competence of the Commission.;

a member of the Board of the Commission has the right to negotiate on issues within the scope of his activities.

Article 10

Meetings of the Board of the Commission are held in accordance with the Rules of Procedure.

Any member of the Board of the Commission may initiate a meeting of the Board of the Commission, as well as submit proposals to the agenda.

The Chairman of the Board of the Commission and, at the invitation of the Board of the Commission, the members of the Board of the Commission participate in the meetings of the Board of the Commission. Members of the Commission Council may invite representatives of the Parties to meetings of the Commission Council.

A meeting of the Board of the Commission is considered valid if all members of the Board of the Commission are present at it.

Article 11

The chairmanship of the Commission's Council is carried out alternately for 1 year in the order of the Russian alphabet by the name of the Party.

In case of early termination of the powers of the Chairman of the Council of the Commission, the new member of the Council of the Commission from the presiding Party shall exercise the powers of the Chairman of the Council of the Commission for the remaining term.

Chairman of the Board of the Commission:

Provides general guidance on the preparation of issues submitted for consideration at the next meeting of the Commission Council;

sets the agenda;

opens, conducts and closes meetings of the Board of the Commission.

Article 12

The Council of the Commission, within the limits of its powers, makes decisions and recommendations.

The Council of the Commission makes decisions by consensus.

If no consensus is reached, the issue is referred to the Supreme Eurasian Economic Council for consideration on the proposal of any member of the Commission Council.

Article 13

Any Party or a member of the Board of the Commission has the right, within 10 calendar days from the date of the decision of the Board of the Commission, to submit to the Board of the Commission a proposal on its cancellation or amendment.

The Board of the Commission, within 5 calendar days from the date of receipt of the proposal of the Party or a member of the Board of the Commission, sends materials to the members of the Board of the Commission on the specified decision.

After receiving the materials of the Board of the Commission, the Council of the Commission considers the said decision and makes a decision within 10 calendar days.

A party that does not agree with the adopted decision of the Council of the Commission, after consideration by the Council of the Commission of the issue of revocation or amendment of the decision of the Board of the Commission or the expiration of the period provided for such consideration and decision-making in accordance with the third paragraph of this Article, but no later than 30 calendar days from the date of the official publication of the decision of the Council of the Commission, may send to the Commission a letter signed by the head of Government with a proposal to introduce a question regarding the decision of the Board of the Commission proposed for cancellation or amendment, for consideration by the Supreme Eurasian Economic Council.

With respect to the Commission's decisions referred to in the second paragraph of paragraph 3 of Article 5 of this Treaty, the Head of Government of either Party has the right to apply to the Commission with a proposal to submit the issue of these decisions to the Supreme Eurasian Economic Council for consideration at any stage before their entry into force.

A decision of the Board of the Commission proposed for cancellation or amendment in accordance with the fourth and fifth paragraphs of this article shall not enter into force until the date of its consideration by the Supreme Eurasian Economic Council and adoption of a decision by consensus.

Section III. The Board of the Commission

Article 14

The Board of the Commission is the executive body of the Commission responsible for developing proposals for further integration within the Customs Union and the Single Economic Space. The Board of the Commission consists of 9 members, one of whom is the Chairman of the Board of the Commission.

The Board of the Commission manages the departments of the Commission.

Article 15

The Board of the Commission consists of 3 members of the Board of the Commission from each Party.

A member of the Board of the Commission must be a citizen of the Party to which he is represented.

The members of the Board of the Commission must meet the following requirements:

have professional training (qualifications) corresponding to their official duties, as well as work experience in the field of official duties for at least 7 years, including at least 1 year to hold a position in government agencies of the Parties.

The members of the Board of the Commission work in the Commission on a permanent basis. Members of the Board of the Commission, in the performance of their official duties, are independent of government agencies and officials of the Parties and may not request or receive instructions from government authorities or officials of the Parties.

The members of the Board of the Commission are appointed for a period of 4 years with a possible extension of their powers by a decision of the Supreme Eurasian Economic Council at the level of heads of state.

The Chairman of the Board of the Commission is appointed for a period of 4 years by a decision of the Supreme Eurasian Economic Council at the level of heads of state. The Chairman of the Board of the Commission rotates alternately in the order of the Russian alphabet according to the name of the Party.

Members of the Board of the Commission may not combine this work with other work or engage in other paid activities, other than teaching, scientific or other creative activities, during the entire term of their powers.

Any violation of these principles is the basis for early termination of the powers of a member of the Board of the Commission in accordance with the procedure established by this Agreement and the Regulations.

Article 16

1. Members of the Board of the Commission may not:

a) participate on a paid basis in the activities of the management body of a commercial organization;

b) to carry out business activities;

c) receive remuneration from individuals and legal entities in connection with the performance of their official duties (gifts, monetary remuneration, loans, services, entertainment, recreation, transportation expenses, and other remuneration). Gifts received by a member of the Board of the Commission in connection with protocol events, business trips and other official events are recognized as the property of the Commission and are transferred to the Commission according to the act. A member of the Board of the Commission who has handed over a gift received by him in connection with a protocol event, business trip or other official event, may redeem it in accordance with the procedure approved by the Board of the Commission on the recommendation of the Board of the Commission.;

d) travel in connection with the performance of official duties at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with international treaties of the Parties or on a mutual basis by agreement between the Parties and government agencies of other states, international and foreign organizations;

e) to use for purposes unrelated to the performance of official duties, the means of material, technical and other support, other property of the Commission, as well as to transfer them to other persons;

f) disclose or use for purposes unrelated to the performance of official duties information classified as confidential or official information that has become known to him in connection with the performance of official duties;

g) use his official powers in the interests of political parties, other public associations, religious associations and other organizations, as well as publicly express his attitude towards these associations and organizations as a member of the Board of the Commission, if this is not part of his official duties;

2. If a member of the Board of the Commission owns income-generating securities and (or) shares (stakes in the authorized capitals of organizations), he is obliged to transfer the said securities and (or) shares (stakes in the authorized capitals of organizations) belonging to him into trust management within a reasonable time.

3. The restrictions set out in paragraphs 1 and 2 of this article shall also apply to employees of the departments of the Commission.

4. Any violation of the restrictions established by paragraphs 1 and 2 of this Article and Article 15 of this Agreement is the basis for early termination of the powers of a member of the Board of the Commission, an employee of the Department of the Commission in accordance with the procedure established by this Agreement and the Regulations.

Article 17

Each Party submits to the Supreme Eurasian Economic Council at the level of heads of State candidates for the position of a member of the Board of the Commission, taking into account the quotas established by Article 15 of this Treaty.

The personal composition of the members of the Board of the Commission, including the Chairman of the Board of the Commission, is approved by the Supreme Eurasian Economic Council at the level of heads of state upon the proposal of the Parties.

If the Supreme Eurasian Economic Council does not approve the candidacy of a member of the Board of the Commission, the Party must submit a new candidate within 30 calendar days.

The Parties have no right to recall a member of the Board of the Commission, except in cases of unfair performance of his official duties or the cases specified in Articles 15 and 16 of this Agreement.

Early termination of the powers of a member of the Board of the Commission (except in cases of voluntary resignation) is carried out on the proposal of the Party on the basis of a decision of the Supreme Eurasian Economic Council at the level of heads of state.

In case of early termination of the powers of a member of the Board of the Commission, a new member of the Board of the Commission is appointed on the recommendation of the same Party to which the terminated member of the Board of the Commission was represented, for the remainder of the term of office of the previous member of the Board of the Commission, unless the Supreme Eurasian Economic Council at the level of heads of State decides otherwise.

The distribution of duties among the members of the Board of the Commission, as well as the total maximum staffing of the departments of the Commission and the remuneration procedure for members of the Board of the Commission and employees of the departments of the Commission, including their salaries, is approved by the Supreme Eurasian Economic Council at the level of heads of state.

Article 18

The Board of the Commission ensures the implementation of the following functions and powers:

Develops proposals in the field of integration within the framework of the Customs Union and the Single Economic Space, including the development and implementation of the main directions of integration.;

Makes decisions and recommendations;

Executes decisions adopted by the Supreme Eurasian Economic Council and decisions adopted by the Council of the Commission;

Monitors and controls the implementation of international agreements that form the legal framework of the Customs Union and the Single Economic Space.;

monitors and monitors the Parties' compliance with the Commission's decisions;

Sends binding notices to the Parties on the elimination of violations in the execution of international treaties and Commission decisions.;

He reports annually to the Council of the Commission on the implementation of the main directions of integration.;

develops recommendations on the formation, functioning and development of the Customs Union and the Single Economic Space;

ensures the implementation of the Commission's powers on issues within its competence;

prepares expert opinions in writing on the proposals of the Parties submitted to the Commission.;

assists the Parties in the settlement of disputes within the framework of the Customs Union and the Single Economic Space before applying to the Court of the Eurasian Economic Community;

provides representation of the Commission's interests in judicial instances, including the Court of the Eurasian Economic Community;

carries out, within the limits of its powers, interaction with the state authorities of the Parties;

carries out the development of the draft budget of the Commission and its execution, as well as the preparation of draft reports on its execution;

Develops drafts of international treaties and Commission decisions adopted by the Commission's Council, as well as other documents necessary for the implementation of the Commission's powers;

creates advisory bodies under the Board of the Commission;

ensures the holding of meetings of the Council of the Commission and the Supreme Eurasian Economic Council;

Submits proposals to the Council of the Commission on the removal of privileges and immunities from officials and employees of the Commission provided by the Convention on Privileges and Immunities of the Eurasian Economic Community of May 31, 2001;

manages the representative offices of the Commission;

places orders and concludes contracts for the supply of goods, works and services for the needs of the Commission in accordance with the procedure established by the regulations approved by the Council of the Commission on the recommendation of the Board of the Commission.;

ensures compliance with the procedure for working with documents of limited distribution (confidential and for official use), approved by the Council of the Commission on the recommendation of the Board of the Commission.

The Board of the Commission has the right to request from the authorities of the Parties, legal entities and individuals the information necessary for the Commission to exercise its powers.

Article 19

The Board of the Commission, by its decision, has the right to establish advisory bodies under the Board of the Commission, the activities and working procedure of which are determined by the regulations on advisory bodies approved by the Board of the Commission.

The advisory bodies under the Board of the Commission include authorized representatives of the executive authorities of the Parties.

Independent experts may be included in the advisory bodies of the Board of the Commission.

The advisory bodies attached to the Board of the Commission, within the limits of their powers, develop proposals for the Board of the Commission on issues within their competence and on which the Commission, within the limits of its powers, makes decisions.

Organizational, technical and financial support for the activities of the advisory bodies under the Board of the Commission is provided by the Commission.

The expenses related to the participation of authorized representatives of the state bodies of the Parties in the work of the advisory bodies under the Board of the Commission shall be borne by the sending Parties.

Article 20

If, as a result of the monitoring conducted by the Board of the Commission of the implementation of international treaties that constitute the legal framework of the Customs Union and the Single Economic Space, there are grounds to believe that one of the Parties is not complying with international treaties that form the legal framework of the Customs Union and the Single Economic Space, and (or) decisions of the Commission, the Board of the Commission by a two-thirds majority decision, sends a notification to the Party on the need for mandatory execution of the relevant international agreement and (or) the Commission's decision and sets a reasonable time within which the Party is obliged to eliminate such violation.

If, within the prescribed period, the Party does not comply with the decision specified in the first paragraph of this article, the Board of the Commission shall submit the relevant issue for consideration by the Council of the Commission.

If a Party fails to comply with the decision of the Commission Council on the need to comply with the relevant international agreement and/or Commission's decision within the prescribed time, the Board of the Commission, on behalf of the Commission, has the right to apply to the Court of the Eurasian Economic Community with a statement on non-compliance by this Party with international agreements forming the legal framework of the Customs Union and the Single Economic Space, and (or) the Commission's decisions.

At the same time, the Board of the Commission notifies the Supreme Eurasian Economic Council and the Council of the Commission about sending the relevant application to the Court of the Eurasian Economic Community.

At any stage of consideration by the Court of the Eurasian Economic Community of the application referred to in the third paragraph of this Article, the Court of the Eurasian Economic Community, at the request of the Board of the Commission on behalf of the Commission that filed this application or the Party whose rights have been violated in connection with the non-fulfillment of international treaties forming the legal framework of the Customs Union and the Single Economic Space, and (or) the Commission's decisions indicated in the application, within 45 calendar days from the date of receipt of the petition, the Court of the Eurasian Economic Community considers the issue of introducing reasonable temporary measures, including interim measures, in order to enforce the decision of the Court of the Eurasian Economic Community or prevent possible violations of the rights and legitimate interests provided for in international treaties forming the legal framework of the Customs Union and the Single Economic Space. space, and (or) decisions of the Commission.

Prior to filing the petition referred to in the fifth paragraph of this article, a Party that is not a party to the case must apply to the Court of the Eurasian Economic Community with a request for permission to enter into the case as an interested party.

Article 21

The Board of the Commission, within the limits of its powers, makes decisions and recommendations.

The decisions and recommendations of the Commission adopted by the Board of the Commission are signed by the Chairman of the Board of the Commission.

The Board of the Commission makes decisions and recommendations by consensus or by a qualified two-thirds majority vote of the total number of members of the Board of the Commission.

The Board of the Commission, within the limits of its powers, makes decisions and recommendations.

The decisions and recommendations of the Commission adopted by the Board of the Commission are signed by the Chairman of the Board of the Commission.

The Board of the Commission makes decisions and recommendations by consensus or by a qualified two-thirds majority vote of the total number of members of the Board of the Commission.

The list of issues on which decisions are taken by consensus and by a qualified two-thirds majority of the total number of members of the Board of the Commission is determined by the Rules of Procedure.

Article 22

Meetings of the Board of the Commission are held at least once a week.

The members of the Board of the Commission take part in the meeting in person, without the right to substitute. If a member of the Board of the Commission is objectively unable to participate in a meeting of the Board of the Commission, he/she has the right, in accordance with the procedure established by the Rules of Procedure, to state his/her position in writing or by proxy and, with the consent of the Chairman of the Board of the Commission, delegate the right to represent his/her position to the Director of the Department of the Commission, whose competence includes the issue under consideration. At the same time, the Director of the Commission's department does not have the right to vote during the voting.

At the request of at least one of the members of the Board of the Commission, extraordinary meetings may be held on the basis of a decision of the Chairman of the Board of the Commission. The procedure for holding meetings of the Board of the Commission and the voting procedure are established by the Rules of Procedure.

A set of documents and materials on each of the issues on the draft agenda for the meetings of the Board of the Commission must be sent to the Parties in accordance with the Rules of Procedure.

Article 23

Chairman of the Board of the Commission:

organizes the activities of the Board of the Commission and is responsible for the performance of its functions;

Prepares, in accordance with the established procedure, draft plans for meetings of the Board of the Commission and the Council of the Commission for the next period and the agendas of meetings of the Board of the Commission, the Council of the Commission and the Supreme Eurasian Economic Council.;

Reports to the Council of the Commission and the Supreme Eurasian Economic Council on issues requiring a decision by the Council of the Commission and the Supreme Eurasian Economic Council, and on other documents with relevant proposals based on the results of their consideration by the Board of the Commission.;

Establishes the working procedure of the departments of the Commission, and also defines the issues falling within the competence of the departments of the Commission.;

organizes work on the preparation of meetings of the Board of the Commission, the Council of the Commission and the Supreme Eurasian Economic Council;

conducts meetings of the Board of the Commission;

participates in meetings of the Board of the Commission;

represents the Board of the Commission in the Council of the Commission;

Submits proposals to the Board of the Commission in coordination with the members of the Board of the Commission on assigning departments of the Commission to the members of the Board of the Commission.;

determines the procedure for interaction with representatives of the media, rules for public speaking by employees of the Commission's departments and the provision of official information;

On behalf of the Council of the Commission, he represents the Commission in relations with third countries and their associations.;

manages the financial and material resources of the Commission, concludes civil law contracts and speaks in court.;

Based on the results of the competition, he appoints the directors of the Commission's departments and their deputies.;

concludes employment contracts (contracts) with employees of the Commission's departments on behalf of the Commission;

Approves the regulations on the departments of the Commission;

appoints the Acting Chairman of the Board of the Commission from among the members of the Board of the Commission;

Exercises the powers of the employer's representative in relation to the directors of the Commission's departments and their deputies, in particular, approves job regulations, approves vacation schedules, grants vacations and makes decisions on business trips.;

Ensures that an audit is conducted on the facts set out in the Party's request to recall a member of the Board of the Commission on the grounds set out in Article 15 of this Agreement, in accordance with the procedure approved by the Board of the Commission on the recommendation of the Board of the Commission.;

performs other functions necessary to ensure the functioning of the Board of the Commission and the departments of the Commission in accordance with the Regulations.

Article 24

Member of the Board of the Commission in accordance with the distribution of duties:

Prepares proposals for deepening integration on issues within its competence.;

Reports at meetings of the Board of the Commission and the Council of the Commission on issues within its competence.;

coordinates and controls the activities of the supervised departments of the Commission;

Prepares draft decisions and recommendations of the Board of the Commission on issues within its competence.;

Monitors the implementation of international agreements on the formation of the Customs Union and the Single Economic Space on issues within its competence.;

monitors the implementation by the Parties of the Commission's decisions on issues within its competence;

Prepares drafts of expert opinions in writing on the proposals of the Parties received by the Commission on issues within its competence.;

Carries out, within the limits of the powers of the Board of the Commission, interaction with the state authorities of the Parties on issues within its competence, including requesting information from the authorities of the Parties, legal entities and individuals necessary for the exercise of their powers.;

Ensures the development of drafts of international treaties, decisions and recommendations of the Commission adopted by the Council of the Commission, as well as other documents necessary for the implementation of the powers of the Commission on issues within its competence.;

Submits proposals for the establishment of advisory bodies under the Board of the Commission on issues within its competence for consideration by the Board of the Commission.

Article 25

1. During the term of office, the members of the Board of the Commission are equivalent in terms of social guarantees to the Minister (federal Minister) of the member State of the Customs Union in which the Commission is located. The social guarantees provided during the period when a member of the Board of the Commission performs his/her duties include:

a) annual paid leave of 45 calendar days;

b) the inclusion of the time of performance of the powers of a member of the Board of the Commission in the length of state (state civil) service when providing social guarantees provided for by the legislation of the state of which they are citizens for civil servants (federal state civil servants), as well as in the duration of performance of powers to the Minister (federal minister) when determining the amount (right) of pension (social security (monthly supplement to the pension) provided for by the legislation of the state, whose citizen is a member of the Board of the Commission, for the Minister (Federal Minister);

c) social, medical, sanatorium and transport services provided at the expense of the budget of the Commission;

d) provision of office living quarters to members of the Board of the Commission who do not have living space in the territory of the city in which the Commission is located, carried out at the expense of the budget of the Commission;

e) compulsory social insurance (except pension insurance) and provision of compulsory social insurance benefits in accordance with the procedure established by the legislation of the host State. At the same time, insurance premiums for compulsory social insurance (except pension insurance) from payments to members of the Board of the Commission are paid from the budget of the Commission in accordance with the procedure established by the legislation of the host State.

2. Issues related to the provision of social guarantees provided to members of the Board of the Commission, including social, medical, sanatorium and transport, are resolved by the competent authority of the host State, which provides social, medical, sanatorium and other services to the Minister (federal Minister).

3. Pension provision for members of the Board of the Commission is carried out in accordance with the legislation of the State of which they are citizens. At the same time, pension contributions established by the legislation of each of the Parties are made by the Commission at the expense of its budget to the appropriate funds of each of the States of which the members of the Board of the Commission are citizens. The costs of pension provision are borne by the State of which the members of the Board of the Commission are citizens.

When assigning pensions or compulsory social insurance benefits to members of the Board of the Commission, the period of performance of the powers of a member of the Board of the Commission is counted in the insurance or work experience.

The earnings earned by these persons during the term of office of a member of the Board of the Commission are taken into account when determining the amount of pension in accordance with the legislation of the State of which they are citizens, and when determining the amount of social insurance benefits - in accordance with the legislation of the State in whose territory they work.

Members of the Board of the Commission who are citizens of the Russian Federation who have resigned their powers (except in cases of early termination of their powers provided for in Article 15 of this Treaty) have the right to establish a monthly supplement to an old-age labor pension (disability labor pension). The monthly supplement to the pension is established in the amounts, in the manner and on the terms provided for by the legislation of the Russian Federation for the federal Minister. The decision to establish a monthly supplement to the pension is made by the head of the federal executive authority for social protection of the population. The monthly supplement to the pension is set by him at the expense of the federal budget.

Article 26

Members of the Board of the Commission shall enjoy privileges and immunities in the territory of each of the Parties in accordance with the Convention on Privileges and Immunities of the Eurasian Economic Community of May 31, 2001 for officials of the bodies of the Eurasian Economic Community.

Section IV. Departments of the Commission

Article 27

The activities of the Supreme Eurasian Economic Council, the Council of the Commission and the Board of the Commission are provided by the departments of the Commission.

The staff of the departments of the Commission consists of the staff of the Commission.

The Directors of the departments of the Commission and their deputies are appointed by the Chairman of the Board of the Commission on a competitive basis for a period of 4 years.

After the competition, the candidacy of the director of the department is approved by the Board of the Commission.

The directors of the Commission's departments and their deputies, who are hired, must meet the following requirements:

have the citizenship of one of the Parties;

have professional training (qualifications) and work experience of at least 5 years in the profile corresponding to their official duties.

The departments of the Commission are staffed on a competitive basis by employees from among the citizens of the Parties who meet the relevant qualification requirements for their position and who are approved by the Council of the Commission on the recommendation of the Board of the Commission.

The procedure for holding a competition, concluding an employment contract, extending and terminating it is approved by the Board of the Commission on the recommendation of the Board of the Commission.

The proportion of employees who are citizens of the Republic of Belarus, the Republic of Kazakhstan, and the Russian Federation for each category of positions is set at the level of the total maximum staffing of departments defined in the Regulations. At the same time, citizens of each of the Parties should be represented in each category of positions.

The Commission's employees are employed on the basis of employment agreements (contracts) concluded with the Chairman of the Board of the Commission.

Article 28

The departments of the Commission perform the following functions:

a) prepare materials, draft decisions and recommendations on the formation and functioning of the Customs Union and the Single Economic Space, including proposals for the conclusion and amendment of international treaties, for consideration by members of the Board of the Commission;

b) monitor the Parties' compliance with the provisions of international treaties that constitute the legal framework of the Customs Union and the Single Economic Space, and the implementation of decisions taken by the Supreme Eurasian Economic Council, the Council of the Commission and members of the Board of the Commission, in order to submit the results to the members of the Board of the Commission for consideration;

c) prepare proposals to the members of the Board of the Commission based on the results of monitoring and analysis of the legislation of each of the Parties in the areas regulated by the contractual legal framework of the Customs Union and the Single Economic Space;

d) prepare drafts of international treaties and other documents necessary for the formation and functioning of the Customs Union and the Single Economic Space;

e) interact with the public authorities of the Parties;

f) develop the draft budget of the Commission and its execution, as well as prepare draft reports on its execution;

g) ensure that the Commission performs the functions of a depositary of international treaties concluded within the framework of the Customs Union and the Single Economic Space;

h) perform other functions defined by international treaties forming the legal framework of the Customs Union and the Single Economic Space, decisions of the Supreme Eurasian Economic Council, decisions of the Commission and members of the Board of the Commission, including those aimed at organizing their work and information and technical support for the activities of the Commission.

Article 29

The Commission's staff are international employees.

In the performance of their official duties, employees are independent of government agencies and officials of the Parties and may not request or receive instructions from government authorities or officials of the Parties.

Each Party undertakes to respect the status of employees and not to influence them in the performance of their official duties.

During the period of their work in the Commission, its employees are not allowed to combine this work with other work or engage in other paid activities, except teaching, scientific or other creative activities, during the entire term of their powers.

Article 30

1. Members of the Board of the Commission, as well as employees of the departments of the Commission, annually, in accordance with the procedure and terms determined by the Council of the Commission, submit to the Commission information on their income, property and property obligations, as well as on income, property and property obligations of their family members.

2. Information on income, property and property-related obligations provided by members of the Board of the Commission, as well as employees of the departments of the Commission in accordance with this article, is confidential information.

3. Persons guilty of disclosing information about the income, property and property obligations of members of the Board of the Commission, as well as employees of the departments of the Commission, are liable in accordance with the legislation of each of the Parties.

4. Verification of the accuracy and completeness of information on income, property and property obligations of members of the Board of the Commission, employees of the departments of the Commission, as well as their family members is carried out in accordance with the procedure approved by the Supreme Eurasian Economic Council at the level of heads of state.

5. In this article, the family members of a member of the Board of the Commission, an employee of the department of the Commission, are understood to be the spouse and minor children.

6. Members of the Board of the Commission and employees of the departments of the Commission are required to take measures to resolve or prevent conflicts of interest that may arise due to the personal interest of a member of the Board of the Commission and an employee of the department of the Commission.

Article 31

1. The employment relations of the Commission's employees are regulated by the legislation of the host State.

2. The working time of employees in the Commission is included in the length of service of the state (state civil service) of the State of which they are citizens, in order to establish social guarantees during the period of state (state civil service) service and to award pensions for the length of service of civil servants (federal state civil servants).

3. The provision of social, household, medical, sanatorium and transport services to the Commission's staff during the performance of their official duties in the Commission is carried out at the expense of the Commission's budget.

Issues related to the provision of social guarantees provided to the staff of the Commission, including social, medical, sanatorium-resort and transport, are resolved by the competent authority of the host state, which provides social, medical, sanatorium-resort and other services to employees of the state body that ensures the activities of the government of the host state, according to the list of corresponding positions of employees departments of the Commission for the positions of employees of the specified state body, approved by the Supreme Eurasian Economic Council.

4. Employees of the Commission who do not have living space in the territory of the city in which the Commission is located are provided with office living quarters at the expense of the Commission's budget.

5. The pension provision of the Commission's employees is carried out in accordance with the legislation of the State of which they are citizens. At the same time, pension contributions established by the legislation of each of the Parties are made by the Commission at the expense of its budget to the appropriate funds of the States of which the Commission's employees are citizens. The costs of pension provision are borne by the State of which the Commission's employees are citizens.

6. Compulsory social insurance (except for pension insurance) and provision of compulsory social insurance benefits to Commission employees shall be carried out in accordance with the procedure established by the legislation of the host State. At the same time, insurance premiums for compulsory social insurance (except pension insurance) from payments to the Commission's employees are paid from the Commission's budget in accordance with the procedure established by the legislation of the host State.

7. When assigning a pension or compulsory social insurance benefit to the staff of the Commission, the period of work in the Commission is counted in the insurance or work experience.

The earnings earned by these persons during the period of their official duties in the Commission 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 - in accordance with the legislation of the State in whose territory they work.

8. Employees of the Commission who are citizens of the Russian Federation, who held federal state (state civil) service positions before joining the Commission, who were dismissed from positions held by the Commission (except in cases of release related to culpable acts), and who have at least 15 years of state (state civil) service experience, are entitled to a pension for length of service in accordance with the procedure provided for by the legislation of the Russian Federation for federal government civil servants, if, immediately before their dismissal from the Commission, they held positions in it for at least 12 months. The submission (decision) on the establishment of a superannuation pension is made by the head of the state executive authority for the social protection of the population of the State of which they are citizens, on the recommendation of the Board of the Commission.

The length of service pension is calculated based on the average monthly salary of an official or employee, the maximum amount of which is determined in relation to official salaries (monetary remuneration) established for equivalent positions of the federal civil service, according to the list of correspondence of positions of employees of departments of the Commission to positions of employees of the specified state body, approved by the Supreme Eurasian Economic Council.

According to the legislation of the Russian Federation, a long-service pension is awarded at the expense of the federal budget.

Article 32

The staff of the Commission's departments 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 Secretariat of the Integration Committee of the Eurasian Economic Community.

The Council of the Commission may decide to remove privileges and immunities from the staff of the Commission on the grounds provided for in the said Convention.

Section V. Final provisions

Article 33

The working language of the Commission is Russian.

Article 34

The seat of the Commission is the city of Moscow.

The conditions of stay of the Commission and its representative offices are determined by separate international treaties between the Commission and the host States.

The locations of the institutions of the Eurasian Economic Union after the completion of the codification of the international treaties forming the legal framework of the Customs Union and the Single Economic Space will be determined by the Treaty on the Eurasian Economic Union, prepared on its basis.

Article 35

Reservations to this Agreement are not allowed.

Article 36

This Agreement may be amended and supplemented, which are formalized in separate protocols.

Article 37

Disputes between the Parties related to the interpretation and (or) application of this Agreement are resolved through consultations and negotiations between the Parties concerned, and if no agreement is reached within 6 months from the date of receipt of an official written request for consultations and negotiations sent by one of the Parties to the other Parties, the dispute is referred to the Court of the Eurasian Economic Community..

Article 38

This Treaty is subject to ratification.

The decisions of the Customs Union Commission effective as of January 1, 2012, remain legally binding.

The decisions of the Customs Union Commission specified in the second paragraph of this Article may be amended or invalidated.

No later than July 1, 2012, the functions of the depositary of international treaties forming the legal framework of the Customs Union and the Single Economic Space are transferred to the Commission from the Integration Committee of the Eurasian Economic Community and the Commission of the Customs Union.

In this Agreement, the Supreme Eurasian Economic Council is understood to mean the Interstate Council of the Eurasian Economic Community (the Highest body of the Customs Union) at the level of heads of state and at the level of heads of Government.

From the date of signing this Agreement, the Supreme Eurasian Economic Council shall exercise the powers vested in the Interstate Council of the Eurasian Economic Community (the Supreme Body of the Customs Union) in accordance with international treaties forming the legal framework of the Customs Union and the Single Economic Space, as well as decisions of the Interstate Council of the Eurasian Economic Community on the Customs Union and the Single Economic Space.

This Agreement shall enter into force on the date of receipt by the depositary of the last notification on the completion by the Parties of the internal procedures necessary for its entry into force.

Article 39

This Agreement is temporarily applied from the date of signing.

From the date of signing this Agreement until the date of its entry into force in accordance with the procedure provided for in the seventh paragraph of Article 38 of this Agreement.:

The Customs Union Commission, established in accordance with the Agreement on the Customs Union Commission of October 6, 2007, exercises the powers of the Customs Union Commission provided for in international treaties of the Customs Union and the Single Economic Space.;

The Commission exercises exclusively the powers related to the organization of the work of the Commission, including the powers to form the Board of the Commission, the departments of the Commission and the registration of employment relations with the staff of the Commission.

From the date of signing of this Agreement until July 1, 2012, the organization of work and information and technical support for the work of the Commission is carried out by the Secretariat of the Commission of the Customs Union.

From the date of entry into force of this Treaty, in accordance with the procedure provided for in the seventh paragraph of Article 38 of this Treaty, the Customs Union Commission shall be abolished, and the powers vested in the Customs Union Commission in accordance with international treaties forming the legal framework of the Customs Union and the Single Economic Space, as well as decisions of the Interstate Council of the Eurasian Economic Community (Supreme of the Customs Union body), are transferred to the Commission.

From the date of entry into force of this Agreement, in accordance with the procedure provided for in the seventh paragraph of Article 38 of this Agreement, the Agreement on the Customs Union Commission of October 6, 2007 shall terminate.

Done in Moscow on November 18, 2011, in one original copy in the Russian language.

The original copy of this Agreement shall be kept by the depository, which, prior to the transfer of its functions to the Eurasian Economic Commission, is the Commission of the Customs Union. The Depositary will send each Party a certified copy of this Agreement.

For the Republic

For the Russian

Belarus

Kazakhstan

The Federation

I hereby certify that this text is a complete copy and an authentic copy of the Treaty on the Eurasian Economic Commission signed on November 18, 2011 in Moscow.:

For the Republic of Belarus - President of the Republic of Belarus Alexander Lukashenko;

For the Republic of Kazakhstan - by the President of the Republic of Kazakhstan N.A. Nazarbayev;

For the Russian Federation - by the President of the Russian Federation D.A. Medvedev.

The original copy is kept in the Commission of the Customs Union.

Director of the Legal Department

The Commission's secretariat

Customs Union

N.B. Slyusar

I hereby certify that this text is a certified copy of the certified copy of the Treaty on the Eurasian Economic Commission, signed in Moscow on November 18, 2011.

Head of the Department

International Law Department

Ministry of Foreign Affairs

Republic of Kazakhstan

D.Yesentaev

President

Republic of Kazakhstan

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