On the Ratification of the Agreement on the Procedure for the Mutual Enforcement of Decisions of Arbitration, Commercial and Economic Courts in the Territories of the Member States of the Commonwealth
The Law of the Republic of Kazakhstan dated December 30, 1999 No. 10
To ratify the Agreement on the Procedure for the Mutual Enforcement of Decisions of Arbitration, Commercial and Economic Courts in the Territories of the Commonwealth Member States, signed in Moscow on March 6, 1998.
President of the Republic of Kazakhstan
Agreement* on the procedure for the mutual enforcement of decisions of arbitration, commercial and economic courts in the territories of the member States of the Commonwealth
*(Entered into force on January 9, 2001 - Bulletin of International Treaties of the Republic of Kazakhstan, 2003, No. 3, Article 26; 2006, No. 1, Article 7)
Signed by: Republic of Azerbaijan, Republic of Armenia, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan
notifications have been submitted:
Republic of Azerbaijan - deposited on January 13, 1999; Republic of Kazakhstan - deposited on January 27, 2000; Republic of Tajikistan - deposited on January 9, 2001; Kyrgyz Republic - deposited on August 21, 2003.
The Agreement entered into force on January 9, 2001.
entered into force for the States:
Republic of Azerbaijan - January 9, 2001; Republic of Kazakhstan - January 9, 2001; Republic of Tajikistan - January 9, 2001. Kyrgyz Republic - August 21, 2003.
The States Parties to this Agreement, hereinafter referred to as the Contracting Parties, based on the Agreement on the Establishment of the Economic Union of September 24, 1993 and in the development of Agreement on the Procedure for Resolving Disputes Related to the Implementation of Economic Activities dated March 20, 1992, recognizing the need, in the interests of developing economic cooperation, to ensure an agreed procedure for resolving economic disputes between business entities Located on the territory of the Contracting Parties, as well as the unhindered enforcement of decisions of the competent court of one Contracting Party in the territory of the other Contracting Party, have agreed as follows:
Article 1
This Agreement defines the procedure for the mutual enforcement of decisions of arbitration, commercial and economic courts of the Contracting Parties that have entered into force in cases involving economic disputes under their jurisdiction. The procedure for mutual enforcement of court decisions in cases not covered by this Agreement and the Agreement on the Procedure for Resolving Disputes Related to Business Activities, as well as other categories of court cases, is determined by Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993.
Article 2
The competent court, whose decision is enforceable in the territory of the other Contracting Party, is the court of the Contracting Party, which has the right to consider disputes in accordance with the provisions of Article 4 of the Agreement on the Procedure for Resolving Disputes Related to the Conduct of Economic Activities.
Article 3
A decision of the competent court of one Contracting Party that has entered into legal force is executed in the territory of the other Contracting Party in an undisputed manner. Foreclosure on the debtor's property is carried out in accordance with the legislation of the debtor's location state at the request of the recoverer to the competent court of the Contracting Party, to which the applicant is obliged to submit: a duly certified copy of the competent court's decision confirming its entry into force (if this is not evident from the text of the decision itself), for the enforcement of which a petition has been initiated; a document of the competent court confirming the debtor's participation in the court session, and in case of non-appearance - on proper notification of the judicial process; a writ of execution. If the execution of the decision has already begun or the decision has been partially executed on the territory of one of the Contracting Parties, documents confirming this fact are also required, indicating the remaining amount or property to be recovered.
Article 4
The order, procedures, limits of recovery and measures to ensure the enforcement of the decision of the competent court are determined by the legislation of the Contracting Party in whose territory the recovery is carried out. The recovery is carried out on the same terms as the execution of the decision of the own court of the given Contracting Party. The State is not responsible for the obligations of a legal entity, except in cases where a state guarantee is provided.
Article 5
Based on the recoverer's payment document containing a reference to this Agreement, as well as the documents specified in article 3 of this Agreement, the debtor's servicing bank shall debit the awarded amount from the debtor's bank account. In this case, the recoverer is obliged to submit a document certified by the competent court confirming the debtor's participation in the court session, or a document confirming the timely receipt by the debtor of a proper notice of the trial.
Article 6
The documents submitted by the claimant are presented in Russian.
Article 7
If, by a decision of the competent court, certain property in kind is to be seized, then the execution of the decision is ensured by the bailiff of the court at the location of the debtor's property in accordance with the legislation in force in that territory.
Article 8
The Bank returns the payment document to the recoverer without execution if the latter fails to submit the documents specified in Article 3 of this Agreement, or if the debtor receives reasoned objections to the execution of the decision on other grounds provided for in Article 9 of the Agreement on the Procedure for Resolving Disputes Related to Business Activities. In this case, the recoverer has the right to apply for permission to enforce the court decision or foreclose on the debtor's property to the competent court of the debtor's location in accordance with the procedure provided for in article 8 of the Agreement on the Procedure for Resolving Disputes Related to Business Activities.
Article 9
In the case provided for in Article 8 of this Agreement, the court shall consider the petition in open court with notification to the debtor of the time and place of consideration of the petition. At the request of the debtor, representatives of the court of the debtor's location State may participate in the hearing of the case. Failure to appear without a valid reason by the debtor, regarding whom the court knows that the notice has been served to him, is not an obstacle to the consideration of the petition. If the debtor has applied to the court with a request to postpone the time for consideration of the petition and this request is recognized by the court as valid, the court reschedules the meeting and notifies the debtor of the new time for consideration of the petition. Enforcement of a court decision may be refused to the recoverer only in case of non-compliance with the provisions of articles 8 and 9 of the Agreement on the Procedure for Resolving Disputes Related to the Conduct of Business Activities.
Article 10
If it is impossible to write off the amount of debt from the debtor's account due to the lack of funds in his account sufficient to repay the debt, the bank returns the enforcement document to the recoverer. At the request of the recoverer, the official responsible for the execution of court decisions, subject to the requirements of Article 3 of this Agreement, is obliged to foreclose on this property (movable and immovable) at the location of the debtor's property and ensure that the sums of money received from its sale are transferred to the recoverer.
Article 11
If monetary amounts are to be recovered from the debtor's bank account in the currency in circulation in the territory of the recoverer's country or in the currency of the contract, the bank is obliged to exchange the recovered amounts for the currency specified in the enforcement document. Currency conversion is carried out in accordance with the current currency legislation of the state in which the debtor's bank is located.
Article 12
The national banks of the Contracting Parties shall exercise control over the unhindered collection of monetary amounts by all banking institutions in accordance with decisions of the competent courts of the Contracting Parties that have entered into force, within the limits of the powers granted to them by national legislation and international treaties.
Article 13
The supreme arbitration, commercial, and economic courts of the Contracting Parties have the right to issue instructions on the territories of their States that are mandatory for all organizations and officials to ensure the enforcement of decisions of the competent courts of the Contracting Parties.
Article 14
The Agreement shall enter into force on the date of deposit of the third notification to the depositary on the completion by the Contracting Parties of the internal procedures necessary for its entry into force. For Contracting Parties that have notified the depositary of the completion of such procedures later, the Agreement shall enter into force on the date of receipt by the depositary of this notification.
Article 15
Disputes related to the application or interpretation of this Agreement shall be resolved through consultations and negotiations between the Contracting Parties concerned.
Article 16
This Agreement is valid for five years from the date of its entry into force. After this period, the Agreement is automatically extended each time for a period of five years, unless the Contracting Parties decide otherwise.
Article 17
Article 17
This Agreement may be amended and supplemented with the general consent of the Contracting Parties. Amendments and additions shall be formalized in separate protocols and shall enter into force in accordance with the procedure provided for in Article 14 of this Agreement.
Article 18
This Agreement is open for accession by other States that share its goals and principles, with the consent of all the Contracting Parties by submitting the instruments of accession to the depositary. The accession shall be deemed to have entered into force from the date of receipt by the depositary of the last notification of the consent of the Contracting Parties to such accession.
Article 19
Each Contracting Party may withdraw from this Agreement by sending a written notification to the depositary no later than 6 months prior to withdrawal, having settled financial and other obligations that have arisen during the validity of this Agreement. Done in Moscow on March 6, 1998, in one original copy in the Russian language. The original copy is kept at the Executive Secretariat of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.
(Signatures)
SPECIAL OPINION of the Republic of Azerbaijan on the Agreement on the procedure for mutual enforcement of Decisions of Arbitration, Commercial and Economic courts in the Territories of the CIS member States
Article 3 - instead of the expression "indisputably", write "if it does not contradict the national legislation of this Contracting Party".
Article 13 should be deleted.
(Signature)
On the Agreement on the procedure for the mutual enforcement of decisions of Arbitration, Commercial and Economic Courts in the Territories of the Member States of the Commonwealth
- It is submitted by the Interstate Economic Committee. This Agreement defines the procedure for the mutual enforcement of decisions of arbitration, commercial and economic courts of the contracting parties that have entered into force in cases involving economic disputes under their jurisdiction. On January 17, 1997, at a meeting of the Council of Heads of Government of the Republic of Kazakhstan, she approved this draft with comments. The IEC Presidium finalized it on October 1, 1997. Considering that during the collapse of the USSR, the economic turmoil and the subsequent introduction of national currencies, mutual financial claims were formed between the CIS states and business entities, it is proposed to provide for an additional article: "This Agreement applies to the decisions of the arbitration, economic and economic courts of the contracting Parties, adopted after the entry into force of this Agreement."
- It is proposed to sign taking into account the comments.
(Signature)
President
Republic of Kazakhstan
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