DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of February 7, 1996 No. 10/95/C-1/3-96

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court Dashuk L. A.,

judges of Economic Court of Abdrakhmanov S. S., Apostle D.D., Begaliyev M. A., Bekenova R. A., Vylkova I. K., Kerimbayeva A. Sh., Makhmudova L. Sh., Miroshnik V. I., Simonyana G. V., Tolibova X.,

in case of Madudina T. I. secretary.,

with participation:

General adviser of Economic Court Lazarenkov E. V.,

having considered case on request of the Supreme Arbitration Court of the Republic of Kazakhstan on interpretation in proceeding in open court,

established:

In request the Supreme Arbitration Court of the Republic of Kazakhstan asks to make explanation according to the procedure of interpretation of the Agreement on the amount of the state tax and procedure for its collection by consideration of economic disputes between subjects of managing of the different states of December 24, 1993, namely:

1. Whether the requirement of national banks of the State Parties of the Commonwealth about payment in it for converting of national currency in case of payment of the national duty and collection of sums of money according to decisions of arbitral authorities of the State Parties of the Commonwealth as these costs are not carried by the specified Agreement to legal costs is lawful?

2. In case of collection of sums of money according to decisions of arbitral authorities of the State Parties of the Commonwealth and their converting there are questions on what rate converting of the collected amount shall be carried out: at the time of emergence of debt or at the time of decision about collection of the amount, or at the time of execution of the decision. The national currency rates change, the procedure for execution of decisions on disputes of the State Parties of the CIS is not regulated by interstate agreements.

Having heard the judge-speaker Apostle D.D., having researched the materials collected on case relating to being of request, having analyzed the conclusion of the General adviser of Economic Court Lazarenkov E. V., the Economic Court came to the following conclusions.

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