General characteristic of settlement of disputes in the Commonwealth of Independent States

The Economic Court of the Commonwealth of Independent States is a judicial organ which was formed in order to provide exercising of its economic commitments by the participating states.

Structure of the Court

The Economic Court discharges its duties as a full panel of Economic Court, but it also may form the Economic Court collegiums and convoke the Plenum of the Economic Court.

The competence of the Economic Court is determined by the rules of the CIS Charter and the Provision on the Economic Court, approved by the Agreement on the status of the Economic Court.

According to the article 32 of the CIS Charter, the Court is empowered to settle disputes which can appear in the fulfillment of economic commitments within the framework of the CIS, to interpret provisions of international agreements and the CIS acts related to the economic issues, to settle other disputes related to its jurisdiction by the CIS participating states. In accordance with the article 3 of the Provision on the Economic Court of the Commonwealth of Independent States, the Court settles interstate economic disputes: which appear in the fulfillment of economic commitments, provided by the CIS international agreements, decisions made by the Council of the Heads of States, the CIS Council of the Heads of Governments and its other institutions; on the correspondence of statutory and other acts of participating states, passed on economic issues, international agreements and other acts of the CIS.

In accordance with the article 5 of the Provision on the Economic Court, the Court is also empowered to interpret: international agreements, another CIS acts and its institutions; acts of legislation of the former SSR for the period of its mutually agreed enforcement, including those about permissibility of enforcement of such acts, as the acts which do not contradict international agreements and passed on its basis another CIS acts. Such interpretation is carried out in taking decisions on particular cases, and also special requests.

The right of access to the Economic Court . In accordance with the Provision on the Economic Court, states concerned represented by its competent organs, and also CIS institutions have the right to go to the Court for consideration of disputes.

The Economic Court is not empowered to consider disputes or requests for interpretation, introduced by economic agents or natural persons. At the same time in the Court’s practice were considered such kind of requests, which were taken to the Court indirectly, through the competent organs of states and CIS institutions.

Status of the Court’s decisions

According to the Provision on the Economic Court subsequent to the results of consideration of disputes the Economic Court makes decision, where the fact of law infringement, by participating state, of international agreement or CIS act or act of the CIS, its institution, is ascertained. Then some measures, which are recommended for such state in order to eliminate the infringement and its consequences, are defined. When the Economic Court of the CIS makes a decision, the state, concerning the decision being made, provides its execution. Thus, the legal force is not determined straight by constituent documents of the Court. In the literature, there is an opinion that the Court’s decisions have binding character with regard to legal qualification of aspects of the case and the character of recommendation with regard to the measures on elimination the infringement and its consequences undertaken by the state.

Date: 2015-12-18; view: 728