ADVISORY PROCEEDING OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of April 20, 2009 No. 01-1/3-08

About interpretation of part one of article 1 of the Agreement on procedure for provision of pensions and national insurance of staff of law-enforcement bodies of the State Parties of the Commonwealth of Independent States of December 24, 1993

Economic Court of the Commonwealth of Independent States in structure:

the chairman - the Chairman of Economic Court of the CIS Abdulloyev F.,

judges of Economic Court of the CIS: Zholdybayeva S. Zh., Kamenkova L. E., Kerimbayeva A. Sh., Molchanovy T.N.,

with participation of the General adviser of Economic Court of the CIS Zhishkevich V. I., representative of Commonwealths of Independent States Executive committee Vezhnovts V. N.,

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

having considered case on request of Commonwealths of Independent States Executive committee on interpretation in proceeding in open court, established:

The executive committee of the Commonwealth of Independent States appealed to Economic Court of the Commonwealth of Independent States with request about interpretation of part one of article 1 of the Agreement on procedure for provision of pensions and national insurance of staff of law-enforcement bodies of the State Parties of the Commonwealth of Independent States of December 24, 1993 (further - the Agreement of December 24, 1993).

The letter of the pensioner - the former employee of law-enforcement bodies of Lymar V. M. who lived and received long-service pension in the Republic of Kazakhstan formed the basis for request. In the Russian Federation where Lymar V. M. arrived to the permanent residence, by Main Department of Internal Affairs across St. Petersburg and the Leningrad region to it it was refused pension payment of the same type for the period from the date of registration in the place of stay and before registration at the chosen place of residence in St. Petersburg.

With respect thereto the Executive committee of the CIS asks Economic Court of the CIS to make explanation on questions:

what is understood as "permanent residence" for the purposes provided by part one of article 1 of the Agreement of December 24, 1993;

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