On approval of the Agreement on the Formation of the Council of Chairmen of the Supreme (Higher) Courts of the Member States of the Commonwealth of Independent States
Decree of the President of the Republic of Kazakhstan dated July 4, 2022 No. 954
In accordance with subparagraph 1) of Article 15 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. To approve the attached Agreement on the formation of the Council of Chairmen of the Supreme (Higher) Courts of the Member States of the Commonwealth of Independent States, signed on October 15, 2021.
2. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
Note.The text of the International Agreement attached to the normative legal act is not official.An officially certified copy of the international agreementyark in the languages of the conclusion can be obtained from the Ministry of Foreign Affairs of the Republic of Kazakhstan, responsible for registration, accounting and storage of international agreements of the Republic of Kazakhstan
Approved by Decree of the President of the Republic of Kazakhstan on July 4, 2022 No. 954
Agreement on the formation of the Council of Chairmen of the Supreme (Higher) Courts of the Member States of the Commonwealth of Independent States
The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,
Attaching great importance to the continuous development of judicial systems and the improvement of the legislation of the Parties in the field of administration of justice,
Striving to further strengthen interstate legal cooperation in the judicial sphere and expand the mechanisms for mutual legal assistance between the judicial authorities of the Parties,
based on the objective need to join forces in ensuring the enforcement of decisions of the courts of one of the Parties in the territory of the other Party and the regular exchange of experience in the application of national legislation and norms of judicial procedure in the administration of justice,
Attaching great importance to holding joint regular meetings and consultations of the courts in order to develop coordinated approaches in addressing issues of harmonization of legislation and judicial practice in its application,
Realizing the importance of organizing cooperation to ensure its stable development,
have agreed on the following:
Article 1
The Parties shall form the Council of Chairmen of the Supreme (Supreme) Courts of the Member States of the Commonwealth of Independent States (hereinafter referred to as the Council).
The Council carries out its activities on the basis of the Regulations on the Council of Chairmen of the Supreme (Higher) Courts of the Member States of the Commonwealth of Independent States, which is an integral part of this Agreement.
Article 2
The Parties shall inform the depositary about the supreme judicial authorities of each of the Parties responsible for the implementation of this Agreement within 30 days from the date of signing this Agreement.
Article 3
By agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by appropriate protocols.
Article 4
This Agreement shall enter into force 30 days after the date of receipt by the depositary of the last notification that the Signatories have completed the internal procedures necessary for its entry into force.
From the date of entry into force of this Agreement, for the Parties that are parties to the Agreement on the Formation of the Council of Chairmen of Supreme Arbitration, Commercial, Economic and Other Courts Resolving Economic Disputes dated October 7, 2002, this Agreement shall cease to be valid in relations between these Parties.
Article 5
This Agreement is open for accession by any member State of the Commonwealth of Independent States that shares its goals and principles by submitting an instrument of accession to the depositary.
The Agreement enters into force for the acceding State.:
a) after 30 days from the date of receipt of the instrument of accession by the depositary, provided that the Agreement entered into force at the time of deposit of the instruments of accession with the depositary;
b) from the date of entry into force of the Agreement, provided that the Agreement has not entered into force at the time of deposit of the accession documents with the depositary.
Article 6
Each of the Parties has the right to withdraw from this Agreement by notifying the depositary in writing.
The Agreement shall terminate in respect of such Party 6 months after the date of receipt by the depositary of the relevant notification.
Done on October 15, 2021, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.
For the Republic of Azerbaijan
For the Russian Federation
For the Republic of Armenia
For the Republic of Tajikistan
For the Republic of Belarus
For Turkmenistan
For the Republic of Kazakhstan
For the Republic of Uzbekistan
For the Kyrgyz Republic
For Ukraine
For the Republic of Moldova
Regulations on the Council of Chairmen of the Supreme (Supreme) Courts of the Member States of the Commonwealth of Independent States
I. General provisions
1. The Council of Chairmen of the Supreme (Supreme) Courts of the member States of the Commonwealth of Independent States (hereinafter referred to as the Council) is an interstate body of the Commonwealth of Independent States (hereinafter referred to as the CIS) and was formed to develop agreed principles and rules of cooperation between courts, its organizational support and assistance in practical implementation.
2. The Council consists of the chairmen of the supreme (higher) courts of the member States of the Agreement on the Formation of the Council of Chairmen of the Supreme (Higher) Courts of the Member States of the Commonwealth of Independent States dated October 15, 2021 (hereinafter referred to as the Agreement) or persons performing their duties (hereinafter referred to as the Council members).
3. The Council is guided in its activities by the CIS Charter, international treaties and decisions adopted within the CIS, and these Regulations.
4. The Council carries out its activities in cooperation with the CIS Executive Committee, other CIS bodies, if necessary, with the secretariats of international organizations, as well as judicial and other public authorities of the CIS member States.
II. Main activities and functions of the Council
5. The main activities of the Council are:
identification of priority areas and forms of judicial cooperation in the field of administration of justice, protection of the rights and legitimate interests of persons residing (located) in the territories of the CIS member States;
facilitating the implementation of international treaties and other acts in the field of legal cooperation adopted within the CIS, and developing proposals on measures to improve the legal regulation of interstate relations within the CIS;
improvement of legal aid mechanisms, organization and coordination of cooperation between judicial authorities of the CIS member states in the field of legal aid, recognition and authorization of judicial acts;
facilitating the exchange of information on the application by courts of the CIS member States of international acts and national legislation, rules of judicial procedure and the organization of court activities;
organization of cooperation in the implementation of training and advanced training of judges and court staff;
to promote cooperation between national judicial authorities and the CIS Economic Court in developing common approaches to the application of international treaties of the CIS member States.
6. The main functions of the Council are:
exchange of information on national legislation and judicial practice of the CIS member States on topical issues of legal regulation, organization and experience of judicial authorities;
consideration of the practice of application by national courts of international treaties on legal assistance and legal relations concluded within the framework of the CIS, development of proposals to improve the effectiveness of their implementation;
Development of agreed positions and recommendations on issues of mutual interest to the judicial authorities of the CIS member States.;
consideration of proposals by national courts and other public authorities of the CIS member States on improving cooperation between courts;
development of draft international agreements in the field of legal cooperation between the CIS member States and proposals for improvement;
interaction with the bodies of the CIS and other international organizations on topical issues of development of cooperation in the field of justice.
The Council may perform other functions aimed at developing agreed principles and rules of cooperation between the courts, its organizational support and assistance in its practical implementation.
III. Council rights
7. The Council may:
to make decisions within their competence and develop recommendations aimed at developing cooperation and interaction between the courts of the CIS member States, implementing decisions of the Council of Heads of State, the Council of Heads of Government of the CIS, as well as international treaties concluded within the CIS;
To submit, in accordance with the established procedure, draft documents prepared by the Council on issues within its competence for consideration by the Council of Heads of State and the Council of Heads of Government of the CIS.;
to submit requests for interpretation of the application of the provisions of international treaties, other acts of the CIS and its institutions to the CIS Economic Court;
To create temporary or permanent working groups to perform their functions, approve regulations on them, if necessary, and provide general guidance on their activities.;
to request from the judicial and other bodies of the CIS member States, as well as from the CIS authorities, the information necessary for the performance of their functions.
IV. Organization of the Council's activities
8. Meetings of the Council are held in the States parties to the Agreement, as a rule, alternately in the order of the Russian alphabet of the names of the States, as necessary, but at least once every two years.
Extraordinary meetings of the Council may be convened on the initiative of one or more Council members with the consent of at least half of the total Council. Such a meeting is usually held in the State of the initiator of its convocation.
If necessary and technically possible, meetings of the Council may be held remotely (using videoconferencing).
A member of the Council who is unable to participate in the meeting has the right to delegate his representative, whose powers must be confirmed.
Meetings of the Council are valid if they are attended by at least half of the members of the Council or their representatives.
The Chairman of the CIS Economic Court, the Secretary of the Council, and a representative of the CIS Executive Committee participate in meetings of the Council with an advisory vote.
With the consent of the Council members, representatives of courts whose heads are not members of the Council, representatives of other bodies and organizations of the CIS member States, and international organizations may participate in meetings as observers.
9. The presidency of the Council is carried out alternately by each Participating State, represented by its member of the Council, on the basis of the principle of rotation in the order of the Russian alphabet of the names of States, usually for two years, unless otherwise determined by the Council.
The previous and subsequent Chairmen of the Council are its co-Chairmen.
In case of temporary absence of the Chairman of the Council, his duties are assigned to one of the Co-Chairmen.
10. Chairman of the Council:
organizes the work of the Council and carries out the general management of the Council, organizes and coordinates the implementation of the Council's decisions;
Represents the Council in relations with the CIS bodies, state authorities of the CIS member states and international organizations on issues related to the Council's activities.;
Determines the time of the next meeting in coordination with other members of the Council, provides general guidance on the preparation of issues submitted for consideration by the Council.;
organizes and holds a meeting of the Council;
signs decisions and minutes of the Council meeting;
Submits the candidacy of the Secretary of the Council for approval by the Council and manages the activities of the Council's secretariat.;
performs other functions necessary to ensure the work of the Council.
11. Decisions are made at the meetings of the Council.
Each State party to the Agreement has one vote in the Council. If two or more Council members from the same State participate in the Council, they must present an agreed position when making a decision, which is counted as one vote.
Decisions of the Council on procedural issues are taken by a simple majority of votes of the Council members present at the meeting.
The Council's decisions on other issues are taken by consensus and are advisory in nature. Consensus is defined as the absence of an official objection from at least one of the Council members present at the meeting, which they put forward as an obstacle to making a decision on the issue under consideration.
Any member of the Council can declare his disinterest in a particular issue, which is not an obstacle to making a decision, as well as joining the decision in the future.
12. The Council may adopt rules of procedure for its work.
13. The Council's secretariat submits information on the Council's activities to the CIS Executive Committee once every two years.
14. The working language of the Council is Russian.
V. The secretariat of the Council
15. Organizational, technical and informational support of the Council's activities is provided by its secretariat.
The functions of the secretariat are performed by the structural unit of the court, the head of which is the Chairman of the Council, together with the structural unit of the CIS Executive Committee.
The head of the secretariat (Secretary of the Council) is a representative of the division of the court charged with performing the functions of the secretariat, and the deputy head of the secretariat is a representative of the CIS Executive Committee.
16. The Secretariat:
organizes and ensures the holding of meetings of the Council in accordance with the procedure provided for by these Regulations and the rules of procedure of the Council;
organizes the work of the Council between meetings;
carries out the coordination and preparation of materials for consideration at the meetings of the Council;
Forms the draft agenda of the Council meeting, sends the draft agenda and draft documents submitted to the Council for consideration to the meeting participants.;
ensures timely execution and direction of decisions taken within the Council;
organizes the work of the working groups established in accordance with the decisions of the Council;
Monitors the implementation of Council decisions, informs Council members about the implementation of decisions taken by the Council.;
interacts, within the limits of its competence, with the CIS sectoral cooperation bodies, judicial and other public authorities of the CIS member States.;
performs other functions on behalf of the Chairman of the Council.
17. The Secretary of the Council is appointed by the decision of the Council.
Secretary of the Council:
ensures the performance of the functions assigned to the secretariat;
conducts and signs the minutes of the Council meeting.
18. The accounting and storage of the Council's documents is carried out by a structural unit of the CIS Executive Committee, whose representative is a member of the Council's secretariat.
VI. Financing
19. Expenses related to the financing of the Council meeting are carried out at the expense of funds provided in the national budget of the host State party to the Agreement to ensure the activities of the Supreme (higher) Court.
20. The expenses for the secondment of the Council members are carried out at the expense of funds provided in the national budgets of the sending States parties to the Agreement to ensure the activities of the supreme (higher) courts. The expenses for the business trip of the meeting participants are carried out at the expense of the funds of the sending bodies and organizations.
President
Republic of Kazakhstan
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