On ratification of the Convention on the Interparliamentary Assembly of the Member States of the Commonwealth of Independent States

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Law of the Republic of Kazakhstan dated June 10, 1997 No. 117

To ratify the Convention on the Interparliamentary Assembly of the Member States of the Commonwealth of Independent States, signed on May 26, 1995 in Minsk.

President of the Republic of Kazakhstan

Officially certified text

Convention on the Interparliamentary Assembly of the Member States of the Commonwealth of Independent States

(Bulletin of International Treaties of the Republic of Kazakhstan, 2003, No. 1, Article 6) (Entered into force on December 30, 1997)

subject to ratification, effective from the date of deposit of the third instrument of ratification

Signed: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Georgia, Republic of Kazakhstan, Kyrgyz Republic, Russian Federation, Republic of Tajikistan

Signed later:

Republic of Moldova - October 23, 1997;

The instruments of ratification have been handed over:

Republic of Armenia - deposited on November 28, 1995; Kyrgyz Republic - deposited on December 21, 1995; Republic of Tajikistan - deposited on January 16, 1996; Republic of Belarus - deposited on July 3, 1996; Republic of Azerbaijan - deposited on August 7, 1996; Russian Federation - deposited on September 16, 1996; Republic of Kazakhstan - deposited on December 30 1997; Republic of Moldova - deposited on June 2, 1998.

The Convention entered into force on January 16, 1996

Entered into force for the States:

Republic of Armenia - January 16, 1996; Kyrgyz Republic - January 16, 1996; Republic of Tajikistan - January 16, 1996; Republic of Belarus - July 3, 1996; Republic of Azerbaijan - August 7, 1996; Russian Federation - September 16, 1996; Republic of Kazakhstan - December 30, 1997; Republic of Moldova - 2 June 1998.

The States Parties to this Convention, striving to further develop cooperation with each other in political, economic, legal and other fields, taking into account the provisions set out in the Memorandum of the Council of Heads of State of the Commonwealth of Independent States dated October 21, 1994 on the importance of continuing an active policy towards the transformation of the Commonwealth of Independent States into a capable union of States and the need for consistent formation effective integration structure of the Commonwealth, considering, that an important contribution to the development and improvement of the effectiveness of their cooperation with each other is joint activities aimed at bringing their national legislation closer and creating appropriate mechanisms for its successful implementation, taking into account the provisions contained in the Charter of the Commonwealth of Independent States, taking into account the provisions of the Agreement on the Interparliamentary Assembly of the Member States of the Commonwealth of Independent States concluded by the Supreme Soviets (Parliaments) of the member States of the Commonwealth of Independent States on March 27, 1992, The Rules of Procedure of the Interparliamentary Assembly, as well as other internal acts of the Interparliamentary Assembly in force at the time of the adoption of this Convention, assessing the experience gained by the Interparliamentary Assembly, which has so far carried out its activities as an interparliamentary cooperation body, as very useful for the subsequent development of interparliamentary cooperation within the framework of the Commonwealth of Independent States., Considering it necessary to give the Interparliamentary Assembly an appropriate legal status in order to improve the mechanism of interparliamentary cooperation within the framework of the Commonwealth of Independent States, we agreed as follows:

Article 1

The Interparliamentary Assembly is an interstate body of the Commonwealth of Independent States.

Article 2

For the purposes of this Convention, the following terms have the following meaning: a) "State Party" - a State that has completed the procedures provided for in paragraphs 1 and 2 of Article 22 of this Convention; b) "Parliament of a State Party to this Convention" - the highest legislative body of this State in accordance with its constitutional acts; c) "Interparliamentary Assembly" means the Interparliamentary Assembly of the Member States of the Commonwealth of Independent States, established by the Parliaments of the Member States of the Commonwealth of Independent States, which signed an Agreement in Alma Ata on March 27, 1992, consisting of parliamentary delegations of the member States, the Council of the Assembly, permanent and temporary commissions, other subsidiary bodies, as well as The Secretariat of the Council of the Interparliamentary Assembly; d) "officials of the Interparliamentary Assembly" means the Secretary General of the Council of the Assembly, other members of the staff of the Interparliamentary Assembly who work in it on a permanent basis and are included by the Secretary General in the list of officials of the Interparliamentary Assembly to be approved by the Council of the Assembly, with the exception of persons employed in the State in which the headquarters of the Interparliamentary Assembly are located. The Assembly, its body or bodies, and those receiving hourly pay; e) "experts on business trips for the Interparliamentary Assembly" - persons other than officials who carry out assignments of the Interparliamentary Assembly, provide expert services to it and are employed in accordance with its internal rules; f) "premises of the Interparliamentary Assembly" - buildings or parts of buildings, including the land on which they operate the buildings belonging to the Interparliamentary Assembly and used by it for its official purposes; g) "property and assets of the Interparliamentary Assembly" - all property belonging to the Interparliamentary Assembly, as well as assets belonging to it, regardless of where and in whose possession this property and these assets are located; h) "Regulations" - Regulations of the Interparliamentary Assembly.

Article 3

1. The Interparliamentary Assembly consists of the parliamentary delegations of the participating States. 2. A parliamentary delegation shall consist of representatives of a State Party elected or appointed by the Parliament of a State Party to this Convention from among its members in accordance with its internal regulations and procedures. The parliamentary delegation is headed by the head of the parliamentary delegation. 3. The scope, duration and procedure for terminating the powers of a parliamentary delegation of a participating State shall be determined by that Participating State in accordance with its internal rules and procedures. 4. With the consent or at the invitation of the Council of the Assembly, the following may attend public meetings of the Interparliamentary Assembly and its bodies as observers: a) representatives of the bodies of the Commonwealth of Independent States, b) representatives of Parliaments of States that are not parties to this Convention, c) representatives of international organizations, d) representatives of public organizations of both participating States and States specified in subparagraph "b" of paragraph 4 of this article.

Article 4

The Interparliamentary Assembly: a) discusses issues of cooperation between the participating States in various fields and sends its recommendations on these issues to the Council of Heads of State and/or the Council of Heads of Government, other bodies of the Commonwealth of Independent States, Parliaments, depending on the substance of the issue under consideration; b) considers issues referred to it by the Council of Heads of State and/or the Council of Heads of Government, and sends recommendations on them, respectively, to the Council of Heads of State and/or the Council of Heads of Government, as well as other bodies of the Commonwealth of Independent States; c) adopts recommendations on the approximation of the legislation of the participating States; d) adopts model (model) legislative The acts and, with appropriate recommendations, shall forward them to the Parliaments of the States Parties to this Convention.; e) adopt recommendations on synchronizing the procedures for ratification (approval) by the Parliaments of the member States of the Commonwealth of Independent States of treaties (agreements) concluded within the framework of the Commonwealth, and in the case of a corresponding decision taken by the Council of Heads of State or the Council of Heads of Government of the Commonwealth of Independent States, and other international treaties in which the participation of the member States of the Commonwealth is It is highly desirable to achieve their common goals, enshrined in the Charter of the Commonwealth of Independent States.; f) adopts recommendations on bringing the legislation of the participating States into line with the provisions of international treaties concluded by these States within the framework of the Commonwealth of Independent States; g) promotes the exchange of legal information between the participating States; h) discusses other issues of interparliamentary cooperation.

Article 5

1. The Interparliamentary Assembly shall meet in regular and extraordinary plenary sessions. Regular plenary sessions of the Interparliamentary Assembly are held at least twice a year. The place, time, and provisional agenda of the next plenary session of the Interparliamentary Assembly are set at the previous plenary session of the Interparliamentary Assembly or at a meeting of its Council. 2. If, for one reason or another, it is impossible or extremely difficult to hold a regular plenary meeting at the place and time set in accordance with paragraph 1 of this article, the Chairman of the Council of the Assembly, with the consent of all its members, determines the place and time of its holding. 3. Extraordinary plenary sessions of the Interparliamentary Assembly may be convened by the Assembly Council. 4. The President of the Council of the Assembly or, on his instructions, the Secretary-General shall notify the Parliaments of the States Parties to this Convention and observers invited to attend the plenary session of the Interparliamentary Assembly of the place and time of its holding. 5. Meetings of the Interparliamentary Assembly, the Council of the Assembly and its other bodies are, as a rule, open.

Article 6

1. The parliamentary delegation of each Participating State shall have one vote, unless otherwise decided by the Interparliamentary Assembly. 2. The decisions of the Interparliamentary Assembly on the issues under discussion are made by the parliamentary delegations present at the meeting and taking part in the voting, in accordance with the Rules of Procedure. Decisions of the Interparliamentary Assembly may be taken only at its plenary sessions.

Article 7

1. Unless otherwise decided by the Assembly, the functions of the Chairman of the plenary session of the Interparliamentary Assembly shall be performed alternately by the heads of parliamentary delegations. The order of precedence is determined by the Assembly Council. 2. The Chairman opens and closes the plenary sessions, directs the debate at the plenary session, puts questions to the vote, monitors compliance by members of parliamentary delegations and observers with the Rules of Procedure and other internal rules of the Interparliamentary Assembly, coordinates with the heads of parliamentary delegations the place, time and provisional agenda of the next plenary session of the Interparliamentary Assembly, performs other functions stipulated in the Rules of Procedure.

Article 8

The internal activities of the Interparliamentary Assembly are carried out in accordance with this Convention and the Regulations.

Article 9

1. The activities of the Interparliamentary Assembly are organized by the Council of the Assembly, consisting of the heads of the parliamentary delegations of the participating States. The functions of the Council of the Assembly are determined by this Convention, as well as by the Rules of Procedure and other internal acts adopted by the Interparliamentary Assembly. In order to establish its own internal procedures, the Assembly Council may adopt its own rules of procedure. 2. The Council of the Assembly elects the Chairman of the Council. The Chairman of the Council of the Assembly is elected by secret ballot from among the members of the Council for a one-year term. A person elected Chairman of the Council of the Assembly may be re-elected, provided, however, that he may not hold this position for more than three consecutive terms. A candidate is considered elected if the majority of the Council members present and voting voted in support of him.

Article 10

The Interparliamentary Assembly, acting in accordance with this Convention, has the right to establish permanent and temporary commissions consisting of representatives of parliamentary delegations, and other subsidiary bodies that are necessary for the successful performance of its functions.

Article 11

1. The permanent administrative body of the Council of the Assembly is the Secretariat. The Secretariat shall assist the Interparliamentary Assembly, the Council of the Assembly, permanent and temporary commissions and other subsidiary bodies that may be established in accordance with this Convention in organizing the work of the Interparliamentary Assembly and its organs. The Secretariat, in particular: a) prepares, translates, prints and distributes official documents and materials of the Interparliamentary Assembly, b) prints and distributes official publications of the Interparliamentary Assembly, c) properly stores documents in the archives of the Interparliamentary Assembly and is responsible for their safety, d) receives and summarizes information on measures taken by the Parliaments of the States-parties to this Convention in order to implement the decisions adopted by the Interparliamentary Assembly, e) performs any other work, which is required by the Interparliamentary Assembly to carry out the functions assigned to it. 2. The Secretariat shall consist of the Secretary General, his deputies - plenipotentiary representatives of the Parliaments of the States Parties to this Convention and such staff as may be required for the effective performance of their functions. 3. The Secretary-General shall manage the activities of the Secretariat. The Secretary-General is appointed by the Council of the Assembly on the recommendation of the Chairman of the Council of the Assembly for a term of three years. In exercising his functions, the Secretary-General is accountable to the Council of the Assembly and its President.

Article 12

The Interparliamentary Assembly has the right to conclude international treaties within the competence established by this Convention.

Article 13

1. The Interparliamentary Assembly enjoys the rights of a legal entity in the territory of the participating States and has, in particular, the right to: a) conclude contracts, b) acquire and dispose of movable and immovable property, c) initiate proceedings in court and participate in court proceedings. 2. The rights provided for in this article are exercised by the Secretariat on behalf of the Interparliamentary Assembly.

Article 14

1. Subject to the exceptions set out in paragraph 2 of this article, the Interparliamentary Assembly shall enjoy in the territory of the participating States the same privileges and immunities as are granted to the United Nations in accordance with the 1946 Convention on the Privileges and Immunities of the United Nations. 2. The Interparliamentary Assembly, its property and assets shall enjoy immunity from any form of judicial interference, except in cases where: (a) a civil claim has been brought against the Interparliamentary Assembly, its organ or a member of its staff for damages in connection with an accident caused by a vehicle belonging to the Interparliamentary Assembly, its organ or a member of its staff or operated by on behalf of the Interparliamentary Assembly, if this damage is not compensated by insurance, b) to the Interparliamentary Assembly, a civil action has been brought against its body or a member of its staff in connection with death or injury caused by an act or omission on the part of the Interparliamentary Assembly, its body or staff, c) The Interparliamentary Assembly or its bodies carry out commercial activities for profit.

Article 15

1. Subject to the exceptions set out in paragraphs 2 and 3 of this article, members of parliamentary delegations of the Participating States, officials of the Interparliamentary Assembly, experts on business trips for the Interparliamentary Assembly in respect of privileges, immunities and benefits shall enjoy in the territory of the Participating States a regime no less favorable than that granted respectively to representatives of Members of the United Nations Of the United Nations, to United Nations officials and experts on mission for the United Nations on the basis of the 1946 Convention on the Privileges and Immunities of the United Nations. 2. The provisions of paragraph 1 of this article shall not apply to the relationship between members of a parliamentary delegation and the State of which they are nationals. 3. The provisions of paragraphs (b), (d), (e), (f), and (g) of section 18 of article V of the 1946 Convention on the Privileges and Immunities of the United Nations shall not apply to officials of the Interparliamentary Assembly who are nationals of the State in whose territory the headquarters of the Interparliamentary Assembly is located, its organ is located, or the bodies in which these persons work. 4. Privileges and immunities are granted to members of parliamentary delegations of the participating States, officials of the Interparliamentary Assembly and experts on business trips for the Interparliamentary Assembly not for their personal benefit, but in order to ensure the independent performance of their functions related to work in the Interparliamentary Assembly. The Parliament of a State Party to this Convention, acting in accordance with its internal rules and procedures, shall not only have the right but also the duty to waive the immunity of its representative in any case where, in its opinion, the immunity would impede the course of justice, and this waiver may be made without prejudice to the purpose for which the immunity was granted. The Secretary-General has the right and duty to waive the immunity granted to any official of the Interparliamentary Assembly, as well as to an expert on mission for the Interparliamentary Assembly, in cases where, in his opinion, the immunity impedes the administration of justice and can be waived without prejudice to the interests of the Interparliamentary Assembly. In respect of the Secretary-General, the right to waive immunity belongs to the Council of the Assembly. 5. The Interparliamentary Assembly shall continuously cooperate with the relevant authorities of the participating States in order to facilitate the proper administration of justice, ensure compliance with the recommendations of law enforcement agencies and prevent any abuse of privileges, immunities and facilities granted in accordance with this Convention.

Article 16

The provisions of article VII of the 1946 Convention on the Privileges and Immunities of the United Nations shall apply mutatis mutandis to the Interparliamentary Assembly, the Secretary General and his deputies, as well as other officials of the Interparliamentary Assembly and experts on mission for the Interparliamentary Assembly.

Article 17

All disputes arising in connection with the interpretation and application of this Convention, except in cases where the parties agree to resolve them in another way, will be referred to arbitration, established for the purpose of resolving this particular dispute and consisting of two arbitrators, each appointed by one of the disputing parties, and a third arbitrator appointed by the first two arbitrators.

Article 18

The seat of the Interparliamentary Assembly is the city of St. Petersburg.

Article 19

The activities of the Interparliamentary Assembly are financed on the basis of the participation of the participating States.

Article 20

If the provisions of this Convention provide otherwise than the provisions of other acts regulating the activities and status of the Interparliamentary Assembly, the provisions of this Convention shall apply.

Article 21

This Convention may be amended by agreement between all its parties.

Article 22

1. This Convention is open for signature by all Member States of the Commonwealth of Independent States. 2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Executive Secretariat of the Commonwealth of Independent States, which will serve as the depositary of this Convention. 3. This Convention shall enter into force on the date of deposit of the third instrument of ratification. 4. This Convention is concluded for an indefinite period. Each State Party may withdraw from it by sending a corresponding notification to the depositary. In this case, this Convention shall cease to be in force for that State Party upon the expiration of six months from the date of receipt by the depositary of such notification. Done in Minsk on May 26, 1995, 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 Convention.

For the Republic of Azerbaijan For the Republic of Moldova For the Republic of Armenia For the Russian Federation For the Republic of Belarus For the Republic of Tajikistan For the Republic of Georgia For Turkmenistan For the Republic of Kazakhstan For the Republic of Uzbekistan For the Kyrgyz Republic For Ukraine

I hereby certify that the attached text is an authentic copy of the Convention on the Interparliamentary Assembly of the Member States of the Commonwealth of Independent States, adopted at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which took place on May 26, 1995 in Minsk. The original copy of the aforementioned Convention is kept at the Executive Secretariat of the Commonwealth of Independent States.

First Deputy Executive Secretary The Commonwealth of Independent States

President

Republic of Kazakhstan

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