of September 29, 2005 No. 3.2.-2005
About ambiguity of court practice concerning application by economic courts of Ukraine of regulations of the Agreement of January 15, 1993 on mutual recognition of the rights and regulation of the relations of property
Materials of economic cases testify to ambiguity of court practice concerning application by economic courts of Ukraine of regulations of the Agreement of January 15, 1993 on mutual recognition of the rights and regulation of the relations of property (further - the Agreement of January 15, 1993) which is concluded between Ukraine and the Russian Federation and governs the property relations on the subjects to production and social appointment located in the territory of Ukraine and Russia which were created (are constructed) at the time of existence of the USSR.
For the purpose of ensuring unity of court practice economic courts should consider the following.
According to Art. 19 of the Agreement of January 15, 1993 it becomes effective from day of exchange of instruments of ratification. Ukraine ratified the Agreement of January 15, 1993. The resolution of the Verkhovna Rada of Ukraine N 3313-XII of June 22, 1993 the Russian Federation did not ratify the specified Agreement so far.
Based on the order of the President of the Russian Federation N 723-rp of November 8, 1993. "On regulation of the relations of property with the State Parties of the Commonwealth of Independent States", the Russian side suggested to apply temporarily provisions of the specified Agreement in the relations between Ukraine and the Russian Federation.
The agreement of rather temporary application of the Agreement of January 15, 1993 is reached by exchange of notes of the Ministry of Foreign Affairs of the Russian Federation of N 331 N / усс of November 24, 1993 and the Ministry of Foreign Affairs of Ukraine of N DPU/17 of January 11, 1994.
According to provisions of the Vienna convention on the right of international treaties of 1969 the beginning of temporary application of the Agreement of January 15, 1993 should be considered date of the specified note of the Ministry of Foreign Affairs of Ukraine.
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