The Common Economic Space pdf, 796 кб

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4.3. The Eurasian Economic Community's Court of JusticeThe EurAsEC Court of Justice began its operation on January, 1, 2012. Up to this point thefunctions of the EurAsEC Court were exercised by the CIS Economic Court on the basis of anagreement between the Commonwealth of Independent States and the Eurasian EconomicCommunity.Together with resolution of the economic disputes, arising between the EurAsEC memberstates, the jurisdiction of the Court also includes the consideration, in particular, of cases of theCustoms Union and the CES bills conformity with the international treaties constituting the legalframework of the Customs Union and the Common Economic Space, contestation over thedecisions, actions (inaction) of the Customs Union and the Common Economic Space bodies. Inthe framework of the Customs Union and the CES the main task of the Court is to ensure by themember states of the Customs Union the uniform application of international treaties acting in itsframework and the decisions taken by its authorities.In the framework of the Customs Union and the CES, the Court exercises the followingpowers - at the request of the member states and the Customs Union and the CES bodies:1) considers the cases of compliance of acts of the Customs Union and the CES bodieswith international treaties that form the legal base of the Customs Union and the CommonEconomic Space;2) examines the cases of contestation over the decisions, actions (inaction) of theCustoms Union and Common Economic Space bodies;3) gives the interpretation of international treaties that form the legal base of the CustomsUnion, the acts adopted by its bodies;4) resolves disputes between the Customs Union Commission (the Eurasian EconomicCommission) and member states of the Customs Union, as well as between member states of theCustoms Union on their implementation of the commitments, adopted in the framework of theCustoms Union.In accordance with the Treaty on the recourse to the EurAsEC Court of economic entitiesin disputes within the Customs Union and on the peculiarities of its proceedings as of December,9, 2010, the EurAsEC Court is invested with authority to hear cases also by the legal statementsof economic entities:1) about contestation over the decisions of the Customs Union Commission (the EurasianEconomic Commission) or its particular provisions;2) about contestation over the actions (inaction) of the Customs Union Commission (theEurasian Economic Commission).The reason for contestation over acts or actions (inaction) of the Commission is theirdiscrepancy with international agreements concluded in the framework of the Customs Unionand the Common Economic Space, which has led to violation of the rights and legitimateinterests of business entities, provided by these international treaties, in the sphere ofentrepreneur and other economic activities.10
5. Normative legal base of the Common Economic SpaceThe Common Economic Space of the Republic of Belarus, the Republic of Kazakhstan andthe Russian Federation forms the following Agreements:Name of an agreementDate ofconclusionPlace ofconclusionRatification Lawof the RBSection I. ECONOMIC POLICY1 Agreement on coordinated macroeconomic policy 09.12.2010 Moscow28.12.2010№ 205-З2Agreement on common principles and rules of28.12.201009.12.2010 Moscowregulation of the activity of natural monopoly entities№ 206-З3Agreement on common principles and rules of28.12.201009.12.2010 Moscowcompetition№ 207-З4Agreement on common rules of providing industrialMoscow 28.12.201009.12.2010subsidies№ 208-З5Agreement on common rules of state support ofMoscow 28.12.201009.12.2010agriculture№ 216-З6 Public procurement Agreement 09.12.2010Moscow 28.12.2010№ 211-З7Agreement on service trade and investments inMoscow 28.12.201009.12.2010member states of the CES№ 209-З8Agreement on common principles of regulation in theMoscow 28.12.201009.12.2010sphere of intellectual property protection№ 217-ЗSection II. FREE CAPITAL MOVEMENT, MONETARY POLICY9Agreement on creating conditions on the financial28.12.201009.12.2010 Moscowmarkets for free capital movement№ 213-З10Agreement on coordinated principles of monetary28.12.201009.12.2010 Moscowpolicy№ 212-ЗSection III. POWER, TRANSPORT, COMMUNICATIONAgreement on the order of organizing, managing,11functioning and development of common oil and oilproductsmarkets of the Republic of Belarus, the№ 221-З28.12.201009.12.2010 MoscowRepublic of Kazakhstan and the Russian Federation1213141516Agreement on providing access to naturalmonopolies services in the sphere of electrical energyindustry, including the basics of price formation andtariff policyAgreement on the rules of access to naturalmonopolies in the sphere of gas transmission via gastransport system, including the basics of priceformation and tariff policy19.11.2010St.Petersburg09.12.2010 MoscowAgreement on the regulation of access to railway09.12.2010 Moscowservice, including the basics of tariff policySection IV. FREE LABOUR MOVEMENTAgreement on cooperation against illegal migrationSt.19.11.2010from third countriesPetersburgAgreement on legal status of migrant workers andSt.19.11.2010members of their familiesPetersburg28.12.2010№ 214-З28.12.2010№ 210-З28.12.2010№ 215-З28.12.2010№ 219-З28.12.2010№ 220-З11
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Page 12 and 13: 17SectionV. TECHNICAL REGULATIONAgr
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Page 18 and 19: technical, commercial, industrial,
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Page 22 and 23: ules of conducting a single price (
Page 24: 6. ConclusionThe main positive aspe

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