DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of March 31, 1994 No. 02/94

About interpretation on demand about application of provisions of agreements and other acts of the Commonwealth

Economic Court of the Commonwealth of Independent States as a part of the chairman Dashuk L. A., judges Abdrakhmanov S. S., Bereziya A. E., Kleandrova M. I. and Miroshnik V. I.,

having reviewed in proceeding in open court request of Commonwealths of Independent States Coordination advisory committee about giving legal interpretation of provisions of constituent documents of the Commonwealth and Provisions of the Agreement on creation of Economic union concerning membership after entry into force of the Charter of the Commonwealth of Independent States, and,

having heard the judge-speaker Abdrakhmanov S. S., established:

from sense of the Agreement of December 8, 1991 about creation of the Commonwealth of Independent States, and also the Protocol to it of the December 21, 1991 signed by the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan, Ukraine, all listed states are founders of the Commonwealth of Independent States from the moment of ratification by each of the called states of the Agreement of December 8, 1991. In spite of the fact that part I of Art. 7 of the Charter of the Commonwealth this condition, i.e. ratification of the Protocol of December 21, 1991 implies the states which signed and ratifying the Agreement on creation of the Commonwealth of Independent States of December 8, 1991 and the Protocol to this Agreement of December 21, 1991 by the time of adoption of the Charter by the concept "founder states of the Commonwealth of Independent States", does not change legal status of those 9 states which signed the Protocol of December 21, 1991 and ratified only the Agreement of December 8, 1991 about creation of the Commonwealth. This conclusion of Court is based that the Agreement of December 8, 1991 and the Protocol to it of December 21, 1991 are primary in relation to the Charter of the Commonwealth of Independent States since they are constituent documents of the Commonwealth based on which the Charter is accepted.

According to the data obtained from the State Parties of the Commonwealth of Independent States and from the country depositary at the time of pronouncement of this Decision, constituent documents of the Commonwealth ratified the following states:

Republic of Armenia on December 26, 1991,

Republic of Belarus on December 10, 1991,

Republic of Kazakhstan on December 23, 1991,

Kyrgyz Republic on March 6, 1992,

Russian Federation on December 12, 1991,

Republic of Tajikistan on December 25, 1991,

Turkmenistan on December 26, 1991,

Republic of Uzbekistan on January 4, 1992,

Ukraine on December 10, 1991.

On January 22, 1993 the Decision of Council of heads of states signed by the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation, the Republic of Tajikistan and the Republic of Uzbekistan accept the Charter of the Commonwealth of Independent States.

According to part I of Art. 7 of the Charter of the Commonwealth state members of the Commonwealth are those founder states which assume liabilities under this Charter within one year after its acceptance of heads of states by Council, i.e. till January 22, 1994.

According to the data obtained from the State Parties of the Commonwealth and from the country depositary, the Charter of the Commonwealth of Independent States at the time of adoption of this Decision was ratified:

Republic of Armenia on November 9, 1993.

Republic of Belarus on January 18, 1994.

Republic of Kazakhstan on March 31, 1993.

Kyrgyz Republic on December 18, 1993.

Russian Federation on April 15, 1993.

Republic of Tajikistan on June 26, 1993.

Republic of Uzbekistan on May 6, 1993.

Therefore, the above-mentioned states, being the founder states of the Commonwealth, having assumed liabilities under the Charter, acquired the status of state member of the Commonwealth of Independent States.

According to Court, specific place is held by the Republic of Moldova which signed all constituent education documents of the Commonwealth of Independent States, however ratification of these documents was not performed so far. By the decision of Council of heads of states on December 24, 1993 the Republic of Moldova is granted delay till April 22, 1994. Before the expiration of the specified term the Republic of Moldova can use the opportunity for accomplishment of conditions of h given it p.1 and the 2nd Art. 7 of the Charter and to acquire the status of the founder state and state member of the Commonwealth of Independent States.

The Azerbaijan Republic and the Republic Georgia signed the Protocol of December 21, 1991 to the Agreement on creation of the Commonwealth of Independent States of December 8, 1991, having assumed liabilities under the Charter and having joined it, according to the p. 3 of Art. 7 of the Charter became with the consent of all state members of the Commonwealth members of the Commonwealth of Independent States. The entry of these states into the Commonwealth is drawn up by decisions of heads of states respectively on September 24 and on December 3, 1993.

The charter of the Commonwealth of Independent States provides associated membership in the Commonwealth. Owing to Art. 8 of the Charter based on the decision of Council of heads of states the state wishing to participate in separate types of its activities on the conditions determined by the Agreement on associated membership can join the Commonwealth as the associated member.

On September 24, 1993 heads of states of the Azerbaijan Republic, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan and the Republic of Uzbekistan signed the Agreement on creation of Economic union, on December 24, 1993 the head of state Turkmenistan also signed the above-stated Agreement.

In connection with the Agreement on creation of Economic union Ukraine made the statement for the intention to cooperate with economic community as the associated member on the basis of the free standing agreement according to Art. 30 of the Agreement on creation of Economic union.

Based on stated and on content of the reviewed request, being guided by Art. 5 of the Regulations on Economic Court of the Commonwealth of Independent States, the Court solved:

consider members of the Commonwealth of Independent States after entry into force of the Charter of the Commonwealth of Independent States:

Azerbaijan Republic,

Republic of Armenia,

Republic of Belarus,

Republic Georgia,

Republic of Kazakhstan,

Kyrgyz Republic,

Russian Federation,

Republic of Tajikistan,

Republic of Uzbekistan.

The decision is subject to the direction in Coordination advisory committee of the Commonwealth of Independent States and to the State Parties of the Commonwealth.

The decision can be appealed after receipt of its copy by the Plenum of Economic Court of the Commonwealth of Independent States in a month.

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