Legal encyclopedia. Letter E

ECONOMIC COURT OF THE CIS

- a court established to ensure uniform application of the agreements of the CIS member states and economic obligations and contracts based on them by resolving disputes arising from economic relations.

The EU CIS is formed from an equal number of judges from each participating state. They are elected or appointed in accordance with the procedure established in the participating states for the election (appointment) of judges of the highest economic, arbitration courts of the Commonwealth Member States for a period of 10 years, on a strictly professional basis from among judges of economic, arbitration courts and other persons who are specialists High

Qualifications in the field of economic legal relations, having a higher legal education.

The parties (participants) of the dispute in the CIS of the CIS are the member states of the Commonwealth in the person of their authorized bodies and Commonwealth institutions that are subject to the jurisdiction of the Court.

The court is created and operates in order to:

1) ensuring the uniform application of treaties, agreements of the Commonwealth member states and economic obligations based on them by resolving disputes arising from economic relations;

2) elimination of legal gaps in the legislation of the Commonwealth member states through the creation of judicial precedents.

The activities of the Court in the administration of justice are not accountable and are not under the control of any officials and bodies of the Commonwealth. A Commonwealth State can not obstruct the Court's activities because of disagreement with the position taken by the Court. The activities of the Court can be terminated only by a decision of the Council of Heads of State participating in the Commonwealth in the same order in which it was decided to establish the Court.

The competence of the Court includes the resolution of the following issues:

1) interstate economic disputes arising in the performance of economic obligations provided for by the acts of the Commonwealth and its institutions;

2) interstate disputes on the compliance of normative and other acts of the Commonwealth member states adopted on economic issues, agreements and other acts of the Commonwealth;

3) disputes on the interpretation of interstate and intergovernmental treaties, agreements of the member states of the Commonwealth.

The court can take to its proceedings and resolve the matter essentially:

1) between member states of the Commonwealth, none of which is a party to the Agreement on the Status of the Economic Court of the Commonwealth;

2) between the Commonwealth member states that are parties to the Agreement on the status of the Economic Court of the Commonwealth, on the one hand, and the States members of the Commonwealth that are not parties to the Agreement on the Status of the Economic Court of the Commonwealth, on the other;

3) between the states, one of which is a party to the Agreement on the status of the Economic Court of the Commonwealth, and the other is not a member of the Commonwealth;

4) between states, none of which is a member of the Commonwealth;

5) between the bodies and institutions of the Commonwealth;

6) between the body and the Commonwealth Institute, on the one hand, and the member state of the Commonwealth, which is not a party to the Agreement on the Status of the Commonwealth of Independent States, on the other;

7) between the body and the institution of the Commonwealth, on the one hand, and the state that is not a member of the Commonwealth, on the other;

8) between economic entities of one transnational association;

9) between other subjects. These disputes can be transferred to

Consideration of the Court, provided that this is expressly provided for by interstate

Treaties and agreements.

ES can not refuse to resolve a dispute for the lack or ambiguity of the applicable law.

Based on the results of the dispute, E.S. takes a decision in which the fact of violation is established or the absence of violation by the State party of agreements, other acts of the Commonwealth and its institutions, and establishes measures that are recommended for the relevant state.

The court as a judicial body includes: the Plenum of the Court, the composition of the Court (panel) and the full composition of the Court.

The court can start working if six or more judges have been elected in the established order.

The judges of the CIS CIS elect from their composition the President of the Court, his deputies with their subsequent approval by the Council of Heads of State of the Commonwealth and allocate responsibilities between them.

Collegiums of the Court are formed in the number of 5 judges and appointed by the Economic Court for a period of one year.

If necessary, a board of the Court consisting of 3 judges may be formed, as well as to resolve a specific case, regardless of the colleges formed.

The case initiated by one board of the Court must be resolved by the same collegium. Replacement of judges in the Collegium of the Court is made by the President of the Court and is possible in case of illness, on a business trip, leave, removal from office in accordance with the established procedure, satisfaction of the petition for challenge or rejection.

The parties are obliged to execute the decisions within the period established by the Court, if it is not established, the decision is to be executed within a reasonable time. In the event of non-compliance by a member state of the Commonwealth with a decision of the Court and the Plenum, the interested party is entitled to apply to the Council of Heads of State of the Commonwealth.