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Participation of Russia in international legal regulirovani trade in services within the limits of the Commonwealth of Independent States

The understanding of necessity of preservation of close economic relations between the former republics of Soviet Union, the found reflexion in the first documents the Commonwealths of Independent States (CIS), nevertheless has not stopped process of destruction existing within the limits of uniform once economic space of economic communications.

All arrangements accepted hastily had first of all declarative, political character and had under itself no essential basis for development of process of economic integration.

In Minsk the agreement on creation of Commonwealth of Independent states from December, 8th, 1991, in the Alma-Ati declaration from December, 21st, 1991 cooperation intentions in formation and development of the general economic space, the all-European and Euroasian markets, in the field of a customs policy, in development of systems of transport and communication contained. The Statement for economic policy coordination was accepted. In the subsequent agreements the accent on market economy formation as bases of the general economic space has been swept up. Participants of the CIS have signed a number of contracts in sphere of economic cooperation: the Cooperation agreement in the field of foreign trade activities from May, 15th, 1992 according to which the states have agreed to consult with each other concerning foreign trade activities, including working out of measures of state regulation, including not tariff methods of regulation and development of standard base; The agreement on principles of rapprochement of the economic legislation from October, 9th, 1992, etc.

Considering questions of international legal regulation of trade in services it is necessary to note the Agreement accepted on March, 13th, 1992 on carrying out of the adjusted policy in the field of standardization, metrology and certification [188] according to which the parties recognise operating standards "GOST" as interstate; carry out works on certification on the basis of the general organizatsionnoyometodicheskih positions through national bodies created by the governments on certification; in coordination solve legal, economic and organizational questions of standardization, metrology and certification (item 1).

Nevertheless, acceptance of agreements essentially has not affected trade development, including services, between member states the CIS. As it is correctly noted in the literature, "the CIS in the first years after the formation represented not the form of integration of the independent countries, and a way of divorce of components once the uniform country, attempt to keep in these conditions effective economic communications [189].

BMD, 1993 №4 FROM 21-23.

In item 19 of the Charter of the CIS accepted on January, 22nd, 1993 by Council of heads of the state-participants CIS, there was an object in view of cooperation of the states in sphere of formation of the general economic space on the basis of market relations and free moving of the goods, services, capitals and a labour; developments of systems of transport and communication, power systems; assistance to development of trade and economic relations of member states; encouragement and mutual protection of investments; assistance of standardization and certification of an industrial output and the goods.

On May, 14th, 1993 year have been accepted the Declaration on stage-by-stage movement to the economic union and the Decision on preparation of the corresponding contract and agreements accompanying it according to which heads of the state-participants CIS have declared the firm determination to go on a way of deep integration, creations of normal market conditions for free movement of the goods, services, capitals and a labour on the general economic space.

The contract on creation of the Economic union has been signed on September, 24th, 1993 According to Contract item 3 the Economic union assumes: free moving of the goods, services, capitals and a labour; the adjusted monetary and credit, budgetary, tax, price, external economic, customs and currency policy; the harmonised economic legislation; presence of the general statistical base [190].

The contract State-participants have provided creation of the Economic Union by stage-by-stage deepening of integration. In the beginning creation of interstate association of free trade was provided. At this stage consecutive decrease and cancellation of the customs duties, taxes and tax collections, and also quantitative and all others equivalent by it on the consequences of restrictions, in particular, were assumed; harmonisation of the customs legislation, mechanisms of tariff and not tariff regulation; stage-by-stage rapprochement of tariffs for transportations of cargoes and passengers, transit tariffs at observance of a principle of freedom of transit. At the second stage of creation of the Economic Union customs union creation at which tariff and not tariff regulation of moving of the goods was completely cancelled, works and services was provided, the general custom duties in relations with the third states were established; Coordination of a foreign trade policy concerning the states which are not participating in the Contract was carried out. At the third stage the general commodity market, services, capitals and a labour for what the parties were obliged to create necessary legal, economic and organizational conditions should be created, and creation of conditions for fair competition was besides planned. The State-participants were obliged to carry out adjusted to the policy in the field of development of transport and the communications, directed on realisation of effective transportations of cargoes and passengers and to provide equal economic conditions for mutual investment of capitals in development of economy, to create the effective mechanism of protection of the rights and interests of investors. Besides, in the contract application in mutual trade of the free (contractual) prices is provided and the interdiction for price discrimination concerning managing subjects contains. In the item 9 Contracts of the party were obliged not to carry out without the mutual coordination unilateral actions of not economic character for the purpose of restriction of access on the markets, that however, does not interfere with introduction of time protective and other measures on mutual trade, including, for reasons of national safety is perfectly in order and on the conditions established by corresponding agreements.

In development of trade by services interest represents position of item 10 of the Contract, providing maintenance of a national legal regime for activity of managing subjects-residents of the state-participants in the territories. Besides, the parties according to the Contract should promote development of direct economic relations between managing subjects (item 11), to creation of joint ventures of transnational production associations, a network commercial and financially-credit institutions and the organisations (item 12), to co-ordinate the investment policy (item 13).

The finishing, fourth stage of creation of the Economic Union provides creation of the currency (monetary) union, the way to which lays through preliminary creation of the payment union (item 15-16 item).

The important positions, concerning developments of trade by services contain in гл.5 Contracts. In particular, positions of item 19 providing maintenance of a visa-free regime of moving of citizens of the state-participants within territory of the Economic union and position of item 22 of the Contract, providing a mutual recognition of documents on formation and qualification of workers without their additional acknowledgement if it is not demanded by conditions and a kind of work here concern.

Thus, the Contract on creation of the Economic union contains necessary conditions for full liberalisation of trade by services between the state-participants, first of all a freedom of movement, freedom of payments, freedom of the investments, the unified and harmonised legislation regulating economic relations. However the contract does not contain concrete terms of realisation of those or other arrangements, does not create the mechanism of acceptance of strictly obliging decisions and the mechanism of their execution therefore the majority of its positions remain not realised.

On September, 24th, 1993 the Agreement on information interchange in the field of foreign trade activities according to which the parties were obliged to exchange normative acts, the information and texts of documents in the directions defined in the Agreement has become effective.

With a view of realisation of the first stage of the Contract on creation of the Economic union the Agreement on free trade zone creation (ZST) from April, 15th, 1994 [191] according to which item 17 participants have expressed desire to aspire to gradual cancellation of restrictions with a view of creation of conditions for free rendering of services within Agreement territory has been signed. However types of service on which action of specified article extends should be defined special agreements in which priority types of service in the field of direct service of goods turnover in which relation questions of liberalisation of import and export come under to the decision in a prime order also should be allocated. The right of the state-participants of the Agreement to adjust the questions connected with rendering of services both on multilateral, and on a bilateral basis (item Z Agreement item 17) is besides provided.

One of Agreement principles specifies a principle of freedom of transit (item 10), however is provided, that transit conditions, including tariffs for transportation by any kinds of transport and rendering of services, are defined by separate agreements. With a view of realisation of this principle on June, 4th, 1999 in Minsk the Agreement on a transit order through territories of the state-participants of the Commonwealth of Independent States has been signed. In the item 8а Agreements clearing of the goods, works and the services exported from the customs territory of one party on the customs territory of other party, by indirect taxes (the VAT and excises) is provided. A number of articles of the Agreement is directed on competition development (the item 17а, etc.).

The report signed in Moscow on April, 2nd 1999 g in the agreement had been made changes

In the Agreement exceptions and the special trading measures applied, in particular, in the presence of a damage or threat of a damage for branch of economy, the provided factors established on the basis of studying or the facts are provided. Possibility of stay of action of the Agreement or its separate positions in the state-infringer relation, and also an exception of such state from among participants is provided.

As a whole, from April, 15th, 1994 it is possible to name the Agreement the frame agreement fixing principles nediskriminatsii, reciprocity and most favoured treatment. As it is marked in the literature, it is represented so significant for economic cooperation of the CIS countries, that without it it is impossible to move forward. [192]

Nevertheless, many state-participants did not hasten to ratify the given Agreement that has caused acceptance of additional decisions. On April, 2nd, 1999 the Report on modification and additions in the Agreement, on June, 4th, 1999 - the Decision on the basic directions of work on performance of installation of presidents from April, 2nd, 1999 on free trade zone formation, the Cooperation agreement and mutual aid concerning observance of tax laws and struggle against offences in this sphere, and also already mentioned Agreement on a transit order through territory of the state-participants CIS has been signed. A number of documents has been accepted at session of Council of heads of the governments of the CIS, passing on October, 8th, 1999 in Yalta.

However during passed in March, 2000 in the Federation Council of Federal assembly of the Russian Federation of parliamentary hearings "Russia and the free trade zone CIS" have been drawn a conclusion, that Russia is not ready to pass yet in full to the free trade zone with the CIS countries as the coordination of economic interests is not reached to the full the general list of withdrawals from a mode of free trade which should become an agreement component, in particular, is not adjusted. On the past on December, 15th, 2000 session of Economic Council of the CIS it has been noticed, that the free trade zone is formed between Russia, on the one hand, and Armenia, Kirghizia and Kazakhstan - with another. The same day the State Duma of Federal assembly of the Russian Federation ratified agreements of Russia with the specified states about a mode of free trade.

On September, 19th, 2003 at the diplomatic summit Council of heads of the state-participants CIS has made the decision on end of formation of the free trade zone and development of interaction of the state-participants CIS in economic sphere, and also has approved the Plan of realisation of the major actions directed on development and increase of efficiency of interaction of the state-participants CIS in economic sphere in 2003­2010 years. [193]

The great value for development of the market of services within the limits of the CIS was given to the Agreement signed on October, 21st, 1994 on creation of the Payment union in which the state-participants were obliged to refuse the directive quotation of currency, to consider all monetary units of participants of the Union mutually converted, not to suppose restrictions in reception and use of currencies of partners. Special interest within the limits of the present research is represented, in particular, by positions of the Agreement on bar of claim by lapse of time of administrative restrictions regarding definition of currency of payments at the conclusion of contracts between managing subjects; granting to non-residents of possibility of possession of national currency and its uses for payment of the goods and services.

193

At the first stage achievement of the purposes of the Agreement was provided by means of two-and multilateral agreements, at a following stage creation of multilateral system of calculations in collective currency was provided. On May, 26th, 1995 in Minsk the Agreement on creation of Interstate currency committee (MVK) as constant body of Payment confederation - participants of the CIS has been signed. However, as it is marked in the literature, "development of interstate payment relations essentially constrains them neuregulirovannost... To the Separate states is unprofitable to enter transparent system vzaimoraschetov on the basis of international currency. First of all it concerns Ukraine and Georgia. The uncertain status of their debts in front of Russia and Turkmenistan allowed them not to pay long time on these debts..." [194]. As a result, "the Payment union... Reminds club with variable and uncertain structure of participants. Real forms of organizational management of activity of the Payment union in the Agreement are absent" [195].

It is necessary to hope, that accepted in Astana on September, 15th, 2004 the Concept of cooperation and coordination of activity of the state-participants of Commonwealth in currency sphere will allow to pass to the adjusted actions on creation of separate elements of the general currency space. [196]

It is necessary to notice, that within the limits of the CIS the considerable quantity of normative acts in transport sphere operates. The created Council about a railway transportation has accepted over 80 agreements, rules, instructions, positions and other documents regulating interstate transportations of passengers and cargoes, sharing of freight cars and containers, many other things questions of cooperation and interaction which provide uninterrupted action of system of railways on all space of the CIS. [197]

The agreement on civil aircraft and on use of air space from December, 21st, 1991 has established "uniform air space" CIS countries. On May, 15th, 1992 the Agreement on use of air space is signed. Within the limits of the CIS the Interstate aviation committee, on which initiative works cooperation agreements with many states of the Western Europe, Asia, Africa and America are signed. After the conclusion of the intergovernmental agreement from the USA about a mutual recognition of systems of certification of aviation technics and its manufactures, aviation standards and system the certifications operating in the CIS countries, have received the status of the international. [198]

The most actual directions on formation of the general transport space are defined approved by Council of heads of the governments by the Concept of the adjusted transport policy of the state-participants CIS for the period till 2010. [199 [200]

Certain interest within the limits of a considered theme represent

Accepted in November, 1995 within the limits of the CIS the Agreement on creation of the general 200

The scientifically-technological space, directed on development of library, publishing, polygraphic, information and some other services, and also the Agreement on a mutual recognition and equivalence of documents on average (general) formation, the initial professional and average professional (special) formation, signed by heads of the governments on September, 15th, 2004 with a view of performance of the Interstate program of realisation of the Concept of formation of uniform (general) educational space of the CIS from November, 29th 2001 [201] and the become effective 27.09.2005 [202]

In sphere of development of international trade in educational services it is possible to note the Cooperation agreement in a sphere of education from May, 15th, 1992; the Decision on the Concept of formation of uniform (general) educational space of the Commonwealth of Independent States and the Cooperation agreement on formation of uniform (general) educational space of the Commonwealth of Independent States from January, 17th, 1997 Great value in this sphere have the Agreement on coordination of works in the field of licensing of educational activity, certification and accreditation of educational institutions of the state-participants of the Commonwealth of Independent States, signed in Moscow on November, 29th, 2001 By which the General recommendations about an order of certification and accreditation of educational institutions of the state-participants CIS and the Agreement on an order of creation and functioning of branches of higher educational institutions in the state-participants of the Commonwealth of Independent States from September, 28th, 2001 by which the Typical decision on creation of branches of higher educational institutions in territory of one of the parties - participants is approved are approved.

As a whole development of international legal regulation of trade by services within the limits of the CIS, as well as development of integration processes, does not give an occasion to optimism. Passing from the contract in the contract of norm of the agreements, to some extent mentioning questions of trade in services, are reduced to granting to the most favoured nation treatment parties though contain the positions providing the further liberalisation of trade by services. It is necessary to notice, that these positions have in many respects declarative character as do not provide the mechanism of their realisation. The basic weakness of Commonwealth, according to the majority of analysts, consists that there is no political will of a management of the CIS countries to harden this organisation, to make it enough effective, efficient [203].

The chairman of Integration committee of the CIS countries N.Isingarin named three reasons of default of positions of the Contract on the Economic union from September, 24th, 1993 and of some the subsequent agreements. [204] the will and desire of ruling elite of the new states to create the economic union were necessary, first; secondly, effective co-ordinating body which could combine interests national and the general; and, thirdly, defined (3-5 years) the period during which it was possible to realise the common decisions easy. But, unfortunately, any of these factors of has not shown. On a trope of Russian economist Semenova K.A. "resuscitation of is administrative-natural integration has not taken place, as almost all former republics of USSR behaved as known heroes krylovskoj fables: who moved back in" Soviet "the past who very much pulled in a national creek and who on wings of liberalisation of the prices tried to fly up in transatlantic skies" [205].

It is impossible to ignore the economic reasons of failures in attempts of creation of the Economic union: crisis of economy of the state-participants; different speed and depth of economic reforms; distinctions in mechanisms of management of economy; neuregulirovannost platezhno-settlement relations; discrepancy of short-term and long-term economic interests of the various states. As it is marked in the literature, distinctions in liberalisation and rise in prices degree, in increase in incomes of the population, in the taxation, in the conditions of credits, in level of reduction of the State expenditure cause an essential difference as the economic environment for managing subjects [206].

It is obvious, that without serious actions of economic character both in the separate states CIS, and in relations between them, the accelerated decision-making top-level will not lead to desirable result.

3.2.2.

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A source: Dubinkina Svetlana Nikolaevna . Mezhdunarodno-pravovoe regulation of international trade by services. The dissertation on competition of a scientific degree of the master of laws. Moscow -. 2007

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