DETERMINATION OF ECONOMIC COURT OF COMMONWEALTH OF INDEPENDENT STATES

of November 14, 2001 No. 01-1/5-99

At the request of the Council of Ministers of Defense of the State Parties of the Commonwealth of Independent States the Economic Court of the Commonwealth of Independent States passes the decision of January 20, 2000 N 01-1/5-99 about interpretation of application of Item 1 of article 2 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.

Practice of judicial authorities of the Russian Federation shows that the decision of Economic Court of the CIS of January 20, 2000, and in particular Item 2 of substantive provisions, is understood ambiguously. Opposite conclusions concerning the one which of the military personnel serving in the Armed Forces of the Republic of Kazakhstan transferred to the Armed Forces of the Russian Federation and retired has the right to preferential calculation of length of service according to part 1 of article 2 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 and the Law of the Republic of Kazakhstan "About social protection of the citizens who were injured owing to nuclear testing on the Semipalatinsk test nuclear test site" of December 18, 1992 are drawn. With respect thereto the Executive committee of the Commonwealth of Independent States at the request of the Ministry of Defence of the Russian Federation appealed to Economic Court of the CIS with request about explanation in this part of the decision of Economic Court of the CIS of January 20, 2000.

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