DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of November 10, 2004 No. 01-1/3-04

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court Kerimbayeva A. Sh.,

judges of Economic Court: Abdulloyev F., Apostle D., Zholdybayev S. Zh., Zhoroyeva K., Miroshnik V. I., Molchanovy T.N.,

in case of the court clerk Medvedeva T. E.,

with participation of the General adviser of Economic Court Pronina M. G., deputy chief of Legal department - the chief of procedural and legal department,

having considered case on request of the Supreme Court of the Kyrgyz Republic on interpretation in proceeding in open court, established:

The Supreme Court of the Kyrgyz Republic appealed to Economic Court with request about interpretation of the Agreement on general terms of deliveries of goods between the organizations of the State Parties of the Commonwealth of Independent States of March 20, 1992. In the request the Supreme Court, in particular, asks to explain: what is understood in the context of the Agreement as the term "interstate commercial ties" and whether regulations of this Agreement extend to the relations on delivery of goods between subjects of managing of the different State Parties of the Commonwealth which are not based on interstate economic agreements and if extend, then in what part?

From available in materials it is visible that the facts of application by economic (arbitral) courts of Item 17 of the Agreement called above were of contracts of delivery between subjects of managing of the different State Parties of the Commonwealth and recognition of such agreements not by prisoners owing to absence in them such compulsory (essential) provision as shipping requisites the cause to request.

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