On the Ratification of the Agreement on the Legal Status of Officials and Employees of the Bodies of the Commonwealth of Independent States

Home / RLA / On the Ratification of the Agreement on the Legal Status of Officials and Employees of the Bodies of the Commonwealth of Independent States

The Law of the Republic of Kazakhstan dated January 14, 2006 No. 118

To ratify the Agreement on the Legal Status of Officials and Employees of the Bodies of the Commonwealth of Independent States, signed in Moscow on April 25, 2003.

President of the Republic of Kazakhstan

 AGREEMENT on the Legal Status of Officials and Employees of the Bodies of the Commonwealth of Independent States

subject to ratification. The instruments of ratification shall be deposited with the depositary. This Agreement shall enter into force on the date of deposit of the third instrument of ratification with the depositary.

Signed by: Republic of Azerbaijan, Republic of Armenia, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Ukraine

The Agreement entered into force on June 28, 2005.

The instruments of ratification have been handed over: Russian Federation - deposited on January 26, 2004; Republic of Armenia - deposited on December 8, 2004; Republic of Tajikistan - deposited on June 28, 2005; Republic of Kazakhstan - deposited on March 28, 2006; Kyrgyz Republic - deposited on July 25, 2006.

entered into force for the States:

Russian Federation - June 28, 2005; Republic of Armenia - June 28, 2005; Republic of Tajikistan - June 28, 2005; Republic of Kazakhstan - March 28, 2006; Kyrgyz Republic - July 25, 2006.

The member States of the Commonwealth of Independent States, represented by their Governments, hereinafter referred to as the Parties, reaffirming their commitment to the goals and principles of the founding documents on the establishment of the Commonwealth of Independent States (hereinafter referred to as the Commonwealth), guided by generally recognized principles and norms of international law, striving to ensure a unified approach to determining the legal status of officials and employees of the bodies of the Commonwealth, and desiring to contribute to improving the effectiveness of the activities of the Commonwealth bodies, have agreed on the following:

 Article 1

For the purposes of this Agreement, the following terms mean: "bodies of the Commonwealth" - bodies established or established in this capacity by the member States of the Commonwealth in accordance with the Charter of the Commonwealth of Independent States dated January 22, 1993, international treaties concluded within the Commonwealth, decisions of the Council of Heads of State or the Council of Heads of Government, having a permanent staff and funded from the common budget of the Commonwealth bodies; "host state" - the state in whose territory the Commonwealth body or its branch is located; "officials" - persons approved by the Commonwealth bodies on the proposal of the Parties in accordance with the quotas assigned to each Party for positions; "employees" - persons working as specialists in the Commonwealth bodies on the basis of employment contracts concluded with them. contracts or contracts (except for administrative and technical personnel); "administrative and technical staff" - persons who carry out administrative and technical maintenance of the activities of the Commonwealth bodies; "family members" - spouse, minor children and persons who are dependent on an official or employee of the Commonwealth body and permanently reside with him.

 Article 2

Officials and employees of the Commonwealth bodies are treated as international employees. When performing official functions, officials and employees of the Commonwealth bodies may not request or receive instructions from the authorities or officials of the Parties, as well as from the authorities of States that are not parties to this Agreement. Each Party undertakes to respect the status of officials and employees of the Commonwealth bodies and not to influence them in the performance of their official functions.

 Article 3

Officials of the Commonwealth bodies who are not citizens of the receiving State or who do not permanently reside there: 1) are not subject to the jurisdiction of the judicial or administrative authorities of the receiving State for what they have said or written and for all actions committed by them as officials, except in cases when: a) a civil claim for compensation has been brought against the official damage in connection with an accident caused by a vehicle driven by this person, if this damage cannot be compensated by insurance payment; b) an official has been sued for compensation for damage caused to the life or health of an individual caused by the action or omission of that official; c) an official has been sued in a counterclaim directly related to a civil claim brought by that official; 2) salaries and other remuneration paid by a Commonwealth body are exempt from taxation. 3) are exempt from immigration restrictions and registration as foreigners; 4) are exempt from paying customs duties, taxes and related charges for property and items intended for initial acquisition, with the exception of charges for storage, customs clearance outside designated locations or outside the working hours of the relevant customs authority, and similar services; 5) enjoy the same repatriation benefits as They are used by diplomatic representatives during international crises. Paragraph 1 applies to officials of the bodies of the Commonwealth who are citizens of the State of residence or permanently residing there. Paragraphs 3) and 5) apply to family members of officials who are not citizens of the receiving State or who do not permanently reside there.

 Article 4

Employees of the Commonwealth bodies: 1) are not subject to the jurisdiction of the judicial or administrative authorities of the receiving State with respect to actions performed in the direct performance of their official functions, except in cases where: a) an employee has filed a civil claim for damages in connection with an incident caused by a vehicle driven by this person, if this damage cannot be compensated by insurance payments; b) the employee is sued for compensation for damage caused to the life or health of an individual caused by the action or omission of this employee; c) the employee is sued in a counterclaim directly related to the civil action brought by this employee; 2) are exempt from immigration restrictions and registration as foreigners.

 Article 5

Unless this contradicts the legislation of the receiving State on zones where entry is prohibited or regulated for reasons of national security, officials and employees in the receiving State enjoy freedom of movement on its territory to the extent necessary for the performance of their official functions.

 Article 6

Officials and employees, as well as their family members, must, in compliance with the laws of the host State, insure their vehicles against liability to third parties.

 Article 7

Officials and employees of the Commonwealth bodies should not engage in any other activity, with the exception of scientific, creative and teaching. Officials who are exempt from taxation in the receiving State in accordance with Article 3 of this Agreement, if they receive income from scientific, creative or teaching activities, declare the total income received from these activities and pay taxes on it in accordance with the legislation of the receiving State.

 Article 8

The privileges and immunities enjoyed by officials and employees of the Commonwealth bodies are granted to them not for personal gain, but for the effective, independent performance of their official functions in the interests of the Commonwealth.

 Article 9

All persons enjoying privileges and immunities under this Agreement shall respect the laws and regulations of the receiving State. They also do not interfere in the internal affairs of this State.

 Article 10

Officials and employees in the territories of the Parties use official identification cards, which are recognized by the authorities of the Parties as documents certifying the status of these persons. In accordance with national legislation, the competent authorities of the receiving State shall issue to officials and employees who are not nationals of the receiving State, as well as to their family members, documents confirming their rights to the privileges and immunities established by this Agreement.

 Article 11

Officials, staff members and members of their families shall enjoy the privileges and immunities provided for in this Agreement from the moment they arrive in the territory of the receiving State on their way to their destination or, if they are already in that territory, from the moment they begin to perform their duties. The privileges and immunities granted to officials or employees shall cease to apply in the event of termination of their service in the Commonwealth body.: for persons who are citizens of the receiving State or have permanent residence in the territory of the receiving State - from the date of their dismissal, and for other persons - from the moment they leave the territory of the receiving State or no later than 30 days from the date of their dismissal.

 Article 12

The head of a Commonwealth body may waive the immunity granted to an official, in agreement with the sending Party, as well as to an employee, when, in his opinion, the immunity impedes the administration of justice and the waiver of immunity does not prejudice the purposes for which it was granted. The right to waive immunity in respect of the head of the Commonwealth body belongs to the Council of Heads of Government of the CIS.

 Article 13

Upon termination of work in the bodies of the Commonwealth, officials are placed at the disposal of the Parties who sent them to work in the bodies of the Commonwealth, with the right to occupy the former positions held by these persons before they were sent to work in the bodies of the Commonwealth, or, in their absence, equivalent positions.

 Article 14

Officials and employees who are not citizens of the receiving State, while staying on its territory, enjoy the corresponding rights of citizens of the receiving State to pay for utilities and household services, hotel and transport services.

 Article 15

The provision of medical services to employees during their work in the Commonwealth body is carried out at the expense of the funds of the Commonwealth bodies on the basis of concluded agreements with the relevant institutions of the host State.

 Article 16

The employment relations of officials and employees are regulated by the provisions on the bodies of the Commonwealth and other normative legal acts adopted within the framework of the Commonwealth, which should not contradict the Constitution and the basic principles of the labor legislation of the host State. If any employment relations between officials and employees are not regulated by regulatory legal acts adopted within the framework of the Commonwealth, the labor legislation of the host State applies. Pension provision for officials and employees of the Commonwealth bodies is carried out according to the legislation of the Parties of which they are citizens. At the same time, pension contributions established by national legislation are made by the Commonwealth bodies from the unified budget of the Commonwealth bodies to the relevant funds of the Parties whose citizens are officials and employees of these bodies. The costs of paying pensions to officials and employees of the Commonwealth bodies are borne by the Party of which they are citizens. The appointment and payment of social insurance (security) benefits to officials and employees of the Commonwealth bodies and their family members shall be carried out in accordance with the procedure established by the national legislation of the Party in whose territory the officials and employees of the Commonwealth bodies work or their family members work (reside). Expenses for the payment of social insurance benefits are carried out at the expense of deductions from the unified budget of the Commonwealth bodies to the relevant funds of the host State. The working hours of officials and employees, as well as the time spent in the territory of the State of residence of spouses (who are not citizens of this State) of officials and employees, are counted in their work experience in accordance with the legislation of the Parties of which they are citizens or in whose territory they permanently reside.

 Article 17

The provisions of this Agreement shall apply mutatis mutandis to judges of the Economic Court of the Commonwealth and their family members, since the special regulatory legal acts regulating the activities of the Economic Court of the Commonwealth do not contain provisions other than those provided for in this Agreement.

 Article 18

Disputes related to the application or interpretation of this Agreement are resolved through consultations and negotiations between the Parties concerned. In the event of a conflict between the provisions of this Agreement and documents previously adopted within the framework of the Commonwealth, this Agreement shall apply.

 Article 19

This Agreement is subject to ratification. The instruments of ratification shall be deposited with the depositary. This Agreement shall enter into force on the date of deposit of the third instrument of ratification with the depositary.

 Article 20

Amendments or additions may be made to this Agreement with the consent of all Parties, which are formalized by separate protocols that are an integral part of this Agreement and enter into force in accordance with the procedure provided for in Article 19 of this Agreement. A proposal for a change may be submitted by either Party.

 Article 21

This Agreement is open for accession by any member State of the Commonwealth that shares its goals and principles. The documents of accession shall be deposited with the depositary. For the acceding State, this Agreement shall enter into force on the date of deposit of the instrument of accession with the depositary.

 Article 22

Either Party may withdraw from this Agreement by notifying the depositary in writing. This Agreement shall terminate with respect to this Party upon the expiration of 6 months from the date of receipt by the depositary of such notification. Done in Moscow on April 25, 2003, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Government For the Government Of the Republic of Azerbaijan of the Republic of Moldova For the Government of the Republic of Armenia Of the Russian Federation For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan For the Government For the Government of Georgia of Turkmenistan For the Government For the Government of the Republic of Kazakhstan Of the Republic of Uzbekistan For the Government For the Government Of the Kyrgyz Republic Of Ukraine

 RESERVATION to the Agreement on the Legal Status of Officials and Employees of the Bodies of the Commonwealth of Independent States of the Republic of Azerbaijan

The provisions of article 17 will be effective for the Republic of Azerbaijan upon its accession to the Agreement on the Status of the Economic Court of the Commonwealth of Independent States dated July 6, 1992.

First Deputy Prime Minister The Republic of Azerbaijan

 Statement by Ukraine on item 7 of the meeting's agenda Council of CIS Heads of Government

"On the Agreement on the legal status of officials and employees of the bodies of the Commonwealth of Independent States."

 April 25, 2003

"Ukraine's signing of the Agreement on the Legal Status of Officials and Employees of the Bodies of the Commonwealth of Independent States does not entail Ukraine's recognition of the international legal personality of the Commonwealth of Independent States."

Prime Minister of Ukraine

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases