On the ratification of the Treaty on the Status of the Fundamentals of the Legislation of the Eurasian Economic Community, the procedure for their development, Adoption and Implementation

Home / RLA / On the ratification of the Treaty on the Status of the Fundamentals of the Legislation of the Eurasian Economic Community, the procedure for their development, Adoption and Implementation

The Law of the Republic of Kazakhstan dated May 20, 2005 No. 53

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 Status of the Fundamentals of the Legislation of the Eurasian Economic Community, the Procedure for their development, Adoption and Implementation, signed in Astana on June 18, 2004.

President of the Republic of Kazakhstan

EURASIAN ECONOMIC COMMUNITY INTERSTATE COUNCIL DECISION

dated June 18, 2004, No. 173, Astana

On the Treaty on the Status of the Fundamentals of the Legislation of the Eurasian Economic Community, the procedure for their development, Adoption and Implementation

The Interstate Council of the Eurasian Economic Community (at the level of heads of State), in furtherance of article 7 of the Treaty establishing the Eurasian Economic Community of October 10, 2000, in order to pursue a coordinated legal policy and improve the legal system of the Community, decided: To adopt an Agreement on the status of the Fundamentals of the Legislation of the Eurasian Economic Community, the procedure for their development, adoption and implementation (attached).

Members of the EurAsEC Interstate Council:

From From From From From the Republic of the Republic Kyrgyz Republic of the Russian Republic of Belarus of the Republic of Kazakhstan Federations Tadjikistan

THE AGREEMENT on the status of the Fundamentals of the Legislation of the Eurasian Economic Community, the procedure for their development, adoption and implementation

The member States of the Eurasian Economic Community, hereinafter referred to as the Parties, guided by The Treaty on the Establishment of the Eurasian Economic Community dated October 10, 2000 and the Agreement on Legal Support for the Formation of the Customs Union and the Single Economic Space of October 26, 1999, striving to pursue a coordinated legal policy ensuring effective integration cooperation within the framework of the Eurasian Economic Community (hereinafter referred to as the EurAsEC), recognizing the need to develop a unified procedure for regulating legal relations within the framework of the EurAsEC, agreed as follows:

Article 1. Subject of regulation

By this Agreement, the Parties determine the status of the Fundamentals of the Legislation of the Eurasian Economic Community (hereinafter referred to as the Fundamentals of the Legislation of the Eurasian Economic Community), establish a unified procedure for their development, consideration, adoption, amendment, suspension and termination. The Fundamentals of the EurAsEC legislation are understood as the legal acts of the EurAsEC that establish common rules of legal regulation for the Parties in the basic areas of legal relations, and which are adopted by the Parties through the conclusion of relevant agreements (hereinafter referred to as agreements on the adoption of the Fundamentals of the EurAsEC legislation).

Article 2. Principles of developing the Foundations of EurAsEC Legislation

When developing the Foundations of EurAsEC Legislation, the following principles must be observed: a) the conformity of the Foundations of EurAsEC Legislation with generally recognized principles and norms of international law; b) a comprehensive study of the legal, socio-economic and other consequences of the Foundations of EurAsEC legislation.

Article 3. Development, consideration, adoption, amendment, suspension and termination of the Fundamentals of EurAsEC Legislation

The development, consideration, adoption, amendment, suspension and termination of the Fundamentals of the EurAsEC Legislation are carried out in accordance with the attached The procedure for developing, reviewing, adopting, amending, suspending and terminating the Fundamentals of the EurAsEC Legislation, which is an integral part of this Agreement.

Article 4. The procedure for the entry into force of agreements on the adoption of the Fundamentals of EurAsEC Legislation

The Agreements on the adoption of the Fundamentals of the EurAsEC Legislation come into force from the date of the last written notification to the depositary that the Parties have completed the internal procedures necessary for their entry into force.

Article 5. Control over the implementation of the Fundamentals of EurAsEC Legislation

The State bodies of the Parties, within their competence, monitor the implementation of the Fundamentals of EurAsEC Legislation by conducting a legal examination of draft legislative and other regulatory legal acts in order to verify their compliance with the Fundamentals of EurAsEC legislation and provide relevant information to the parliaments and governments of the Parties. The secretariat of the EurAsEC Integration Committee informs The Interstate Council of the EurAsEC, the Interparliamentary Assembly of the EurAsEC and The EurAsEC Integration Committee on the implementation of the Fundamentals of EurAsEC Legislation.

Article 6. Information exchange

The Parties, using national information resources, exchange information on the implementation of the Basics of EurAsEC Legislation through the Secretariat of the EurAsEC Integration Committee and the Secretariat of the Bureau of the EurAsEC Interparliamentary Assembly.

Article 7. Entry into force

This Treaty is subject to ratification and shall enter into force on the date of deposit of the last instrument of ratification with the depositary.

Article 8. Accession

This Treaty is open for accession by any State that has joined the EurAsEC. The instrument of accession to this Treaty shall be deposited with the depositary. For the acceding State, this Treaty shall enter into force on the date of deposit of the instrument of accession with the depositary.

Article 9. Relationship with other international treaties

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 10. Making changes

Amendments to this Agreement are made by mutual agreement of the Parties and are formalized in protocols that will be integral parts of this Agreement and enter into force in accordance with the procedure provided for in Article 7 of this Agreement.

Article 11. Dispute resolution

In case of disputes between the Parties regarding the interpretation and/or application of this Agreement, they will be resolved through negotiations or consultations between the Parties.

Article 12. Validity period

This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by notifying the depositary in writing at least twelve months in advance, having previously settled their obligations within the framework of the EurAsEC.

Done in Astana on June 18, 2004 in one original copy in Russian. The original copy is kept in the EurAsEC Integration Committee, which will send a certified copy to each 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

Annex to the Status Agreement Fundamentals of the legislation of the Eurasian Economic Community, the procedure for their development, adoption and implementation dated June 18, 2004

THE PROCEDURE for developing, reviewing, adopting, amending, suspending and terminating the Fundamentals of EurAsEC Legislation

I. General provisions

1. This Procedure establishes a system for organizing the development, review, adoption, amendment, suspension and termination of the Fundamentals of EurAsEC Legislation. 2. The development, consideration and adoption of the Fundamentals of the EurAsEC legislation are carried out in the following order: preparatory organizational and legal measures for the development of draft Fundamentals of the EurAsEC legislation; development by working groups of draft Fundamentals of the EurAsEC legislation; consideration of draft Fundamentals of the EurAsEC legislation by the governments of the Parties; consideration of draft Principles of EurAsEC legislation by the EurAsEC Interparliamentary Assembly; consideration of draft Principles of EurAsEC legislation by the EurAsEC Integration Committee; consideration of draft Principles of EurAsEC legislation and their adoption by the EurAsEC Interstate Council at the level of heads of state. 3. The amendment, suspension and termination of the Fundamentals of the EurAsEC Legislation shall be carried out in accordance with the procedures provided for in this Procedure for their development, consideration and adoption.

II. Preparatory organizational and legal measures for the development of draft Principles of EurAsEC legislation

4. Preparatory organizational and legal measures for the development of draft Principles of EurAsEC legislation include: a) analysis and generalization of the results of the development of integration processes in the EurAsEC, identification of the need for legal regulation, preparation of proposals for the optimization and unification of the mechanism of legal regulation in the relevant areas of legal relations; b) consideration of legislative proposals of the councils and commissions of the EurAsEC Integration Committee, as well as permanent commissions The Interparliamentary Assembly of the EurAsEC on the development of draft Principles of EurAsEC legislation; c) comparative legal analysis of national legislative and other regulatory legal acts of the Parties, analysis of law enforcement practice; d) study of plans for legislative activities of the Parties; e) analysis of the fulfillment of obligations under international treaties concluded within the framework of the EurAsEC, and decisions of the EurAsEC bodies; (e) Other activities carried out in accordance with the decisions The Interstate Council of the EurAsEC, the Interparliamentary Assembly of the EurAsEC and the Integration Committee of the EurAsEC. 5. The activities specified in paragraph 4 of this Procedure are carried out within their competence by the Permanent Commissions of the Interparliamentary Assembly of the EurAsEC, the Secretariat of the Bureau of the Interparliamentary Assembly of the EurAsEC, the Secretariat of the Integration Committee of the EurAsEC, the subsidiary bodies of the EurAsEC, as well as the councils and commissions under the Integration Committee of the EurAsEC. 6. Based on the results of the events, the Secretariat of the Bureau of the Interparliamentary Assembly of the EurAsEC forms proposals for the development of draft Principles of EurAsEC legislation. 7. The proposal to develop a draft of the Foundations of EurAsEC legislation in the relevant field of legal relations includes the concept of the project and the justification for the need to develop the Foundations of EurAsEC legislation. 8. Proposals for the development of draft Principles of the EurAsEC legislation are subject to coordination with the governments of the Parties, after which they are submitted for consideration by the Interparliamentary Assembly of the EurAsEC and included in the program of legislative activities of the Interparliamentary Assembly of the EurAsEC.

III. Development of draft Principles of EurAsEC legislation by working groups on the development of draft Principles of EurAsEC legislation

9. The development of draft Principles of EurAsEC legislation is carried out by the working groups on the development of draft Principles of EurAsEC legislation (hereinafter referred to as the working groups) in accordance with the program of legislative activity of the Interparliamentary Assembly of EurAsEC. 10. The composition of the working groups is formed by the EurAsEC Integration Committee, taking into account the proposals of the Parties and the EurAsEC Interparliamentary Assembly. 11. The working groups may include: a) members of the permanent commissions of the EurAsEC Interparliamentary Assembly; b) members of the councils and commissions of the EurAsEC Integration Committee.; c) members of scientific and expert councils at the Interparliamentary Assembly of the Eurasian Economic Community; d) staff of the Secretariat of the Bureau of the Interparliamentary Assembly of the Eurasian Economic Community and the Secretariat of the Integration Committee of the Eurasian Economic Community; e) staff of government agencies of the Parties; f) staff of scientific and other organizations whose activities are related to legislative, law enforcement and research activities. 12. The heads of the working groups and their deputies are elected from among the members of the working groups. 13. Information, legal, logistical and organizational support for the activities of the working groups is provided by the Secretariat of the Bureau of the Interparliamentary Assembly of the EurAsEC. 14. Financing for the development of draft Principles of EurAsEC legislation is carried out within the limits of funds provided in the EurAsEC budget to support the activities of the Secretariat of the EurAsEC Integration Committee and the Secretariat of the Bureau of the EurAsEC Interparliamentary Assembly.

IV. Consideration of draft Principles of EurAsEC legislation by the Governments of the Parties

15. The Secretariat of the Bureau of the Interparliamentary Assembly of the EurAsEC sends the draft Principles of the EurAsEC Legislation developed by the working groups through the Secretariat of the EurAsEC Integration Committee to the Governments of the Parties. 16. The Governments of the Parties send opinions on the draft Principles of the EurAsEC legislation to the Secretariat of the Bureau of the Interparliamentary Assembly of the EurAsEC through the Secretariat of the EurAsEC Integration Committee.

V. Consideration of draft Principles of EurAsEC legislation by the Interparliamentary Assembly of EurAsEC

17. The draft Principles of the EurAsEC Legislation are considered by the Interparliamentary Assembly of the EurAsEC in accordance with the procedure established by the Regulations of the Interparliamentary Assembly of the EurAsEC. 18. The Interparliamentary Assembly of the EurAsEC makes one of the following decisions regarding the draft Fundamentals of the Legislation of the EurAsEC: a) approve the draft Fundamentals of the Legislation of the EurAsEC and send it to the EurAsEC Integration Committee for consideration; b) send the draft Fundamentals of the legislation of the EurAsEC to the working group for revision.

VI. Consideration of draft Principles of the EurAsEC Legislation by the EurAsEC Integration Committee

19. The draft Principles of the EurAsEC Legislation are reviewed by the EurAsEC Integration Committee in accordance with the procedure established by the Rules of Procedure of the EurAsEC Integration Committee. 20 The EurAsEC Integration Committee makes one of the following decisions regarding the draft Principles of EurAsEC legislation: a) approve the draft Principles of EurAsEC legislation and submit it for consideration by the EurAsEC Interstate Council at the level of heads of state; b) send the draft of the EurAsEC Legislative Framework to the EurAsEC Interparliamentary Assembly for revision.

VII. Consideration of draft Principles of the EurAsEC legislation and their adoption by the EurAsEC Interstate Council at the level of Heads of state

21. The draft Principles of the EurAsEC Legislation are considered by the EurAsEC Interstate Council at the level of heads of State in accordance with the procedure established by the Rules of Procedure of the EurAsEC Interstate Council. 22 Based on the results of consideration of the draft Principles of the legislation of the EurAsEC, the Interstate Council of the EurAsEC at the level of heads of state makes one of the following decisions: a) adopt an agreement on the adoption of the Principles of the Legislation of the EurAsEC; b) send the draft Principles of the legislation of the EurAsEC to the Integration Committee of the EurAsEC for revision.

President

Republic of Kazakhstan

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