Secretariat of the International Organization for Economic, Scientific and Technological Cooperation adjudged the issue of working space of Interelectro’s Secretariat, located in Moscow, Smolenskiy per. 7.
- Published on Thursday, 26 July 2012 13:42
By writ of the Presidium of the Supreme Arbitration Court of the Russian Federation on July 12, 2011 N 3440/07 proceeding of eviction of Interelectro’s Secretariat from occupied building was discontinued.
Presidium of the Supreme Arbitration Court of the Russian Federation made the decision by the following reasons.
Organization "Interelectro" is an international intergovernmental organization, which was founded and operated on the basis of the Agreement and the statute.
From the preamble and article 1 of the Agreement followed, that the organization "Interelectro" was established as such by the contracting parties - sovereign states - for economic, scientific and technical cooperation in the field of electrical engineering.
The primary intent of the organization "Interelectro" is the most complete satisfaction of needs of the contracting states in the high quality electrical products by expanding and deepening economic, scientific and technological cooperation between them on a voluntary basis and observance of mutual interests (article 2 of the Agreement).
Thus, the organization "Interelectro" is an international intergovernmental organization with non-commercial corporate objectives, which has international legal personality.
According to the regulation of part 2 of article 251 of the Code of Arbitration Procedural of the Russian Federation judicial immunity of international organizations is determined by international treaty of the Russian Federation and federal law. By section 4 of article 15 of the Constitution of the Russian Federation, international treaties of the Russian Federation are a component part of its legal system, and if the international treaty of the Russian Federation stipulates other rules than those stipulated by the law, the rules of the international treaty must be applied.
According to part 1 of the statute of the organization "Interelectro" the Convention relating to the legal status, privileges and immunities of international economic organizations, acted in specific areas of cooperation, 1980 (hereinafter - the Convention of the immunities) is applied.
From the article III of the Convention of the immunities followed, that provided privileges and immunities are given to the organizations which have international legal personality, deriving from the provisions of the constituent documents in general, and which, as such, may in accordance with the stated documents and decisions of their authorized representative bodies to conclude the international agreements and to act in international relations in the volume which is necessary to carry out their purposes and functions.