Decision of Economic Court of the Commonwealth of Independent States

of January 30, 1998 No. 01-1/7-97

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court Kazhenov A. B.,

judges of Economic Court of the Apostle D.D., Vylkov I. K., Kerimbayeva A. Sh., Makhmudova L. Sh., Miroshnik V. I., Sarsenbayeva A. O., Simonyana G. V., Tolibova X.,

in case of Medvedeva T. E. secretary,

with participation of the General adviser of Economic Court Pavlova L. V., having considered case on request of Interstate economic Committee of Economic union on interpretation in proceeding in open court,

established:

The interstate economic Committee of Economic union appealed to Economic Court with request about interpretation of the separate regulations of the Regulations on Interstate economic Committee of Economic union of October 21, 1994 concerning implementation of Economic union of control and administrative functions by Interstate economic Committee.

In particular, the Interstate economic Committee of Economic union asks to give interpretation on the following questions: 1) that is understood as "control functions" of Interstate economic Committee of Economic union and "the organization of control over the implementation of undertaken obligations for decisions of Council of heads of states and Council of Heads of Government of the Commonwealth" and as these concepts correspond with each other; Whether 2) the Interstate economic Committee of Economic union without additional delegation to it the states of powers can organize control over the implementation of undertaken obligations according to decisions of Councils of heads of states and heads of governments, to request information from relevant organs of the states on accomplishment of separate liabilities, to carry out, with the consent of the governments, inspection on places, to take measures for elimination of the arisen complications and the dispute resolution together with governing bodies of the states.

Having heard the judge-speaker Simonyan G. V., having discussed the conclusion of the General adviser of Economic Court Pavlova L. V., having researched the documents which are available in case, the Economic Court came to the following conclusions.

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