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DECISION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of February 6, 2009 No. 01-1/2-08

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.,

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

with participation of the specialist Meleshko H.-T.T., representative of Commonwealths of Independent States Executive committee Vezhnovts V. N.,

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 application of Article 7 of the Safeguards agreement of the rights of citizens of the State Parties of the Commonwealth of Independent States in the field of provision of pensions of March 13, 1992 and article 1 of the Agreement on procedure for provision of pensions of the military personnel and their families and national insurance of the military personnel of the State Parties of the Commonwealth of Independent States of May 15, 1992.

The letter of the citizen of the Russian Federation Zemskov O. V., pensioner of the Ministry of Defence of the Russian Federation having length of service in preferential calculation 23 years 6 months formed the basis for request. In the Russian Federation retirement benefits to Zemskov O. V. are stopped in connection with its moving on the permanent residence to the Republic of Kazakhstan. By the Ministry of Defence of the Republic of Kazakhstan award of pension for long service to Zemskov O. V. it is refused with reference to the national legal system providing at least 25 years of period of service for purpose of the corresponding pension.

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

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