Decision №96
Name and Surname: Yerzhan Nurzhakypov
Date: January 26, 2018
Word count: Commentary - 406
Research Task One: Primary Legislative Acts
Document:
Act: Decision №96
Institution: Council of the Eurasian Economic Commission
Title: ПОРЯДОК взаимодействия, в том числе информационного, Евразийской экономической комиссии и уполномоченных органов государств – членов Таможенного союза и Единого экономического пространства в рамках Соглашения о единых принципах и правилах конкуренции от 9 декабря 2010 года
Commentary:
This document is designed to specify the rules and principles of interaction between the Eurasian Economic Commission (from now on - Commission) and responsible bodies of states (from now on - Parties), which are the members of Customs Union and/or Single Economic Space (or the Eurasian Economic Space). As it is mentioned in the title of this document, interaction also includes the exchange of information between Commission and Parties. According to this document, the interaction between the Commission and Parties occurs in five different cases:
1) when the Commission observes the Parties to make sure that all of the rules of competition are followed;
2) when responsible bodies of Parties decide to pass the statement about the violation of rules of competition to the Commission;
3) when the Commission decides to pass the statement about the violation of rules of competition to the responsible bodies of Parties;
4) when the Commission carries out the investigation of the violation of rules of competition;
5) when the Commission considers the case of violation of the rules of competition.
Further, this document gives the rules of interaction in each of the five cases mentioned above. For each case, there are such details as the cases in which such kind of interaction takes place, the time limit (both minimum and maximum) to execute the order or to send the necessary information, the set and order of specifications which must be included in the request or application or answers for those and other necessary details. The importance of this document is on underlining the hierarchy or the sequence and the manner of the consideration of statement about the violation of rules of competition. It means that the applicant party (individual or company) addresses the statement first to the responsible body of particular Party (e.g. state) and then it goes to the Commission if necessary. It is also important that the document obliges both the Commission and the Parties to provide the true and credible information to each other and to secure the confidential information. Without this document, the process of interaction between the Commission and Parties would be uncoordinated and probably unreliable. That is why this document is important in maintaining a good relationship between the members of the Customs Union and the Eurasian Economic Space. Probably there is a similar document regulating the interactions for Eurasian Economic Union or at least the document, which is referring to the Decision №96.