Protsenko I. M. The features of liability for breach of the functioning of CIS Free Trade Zone
The article examines some aspects of liability for breach of the Treaty on the CIS free trade zone 2011. Despite the fact that free trade zone Treaty can have a positive impact on the economic development of the state, Ukraine has entered into a contract of this type with a small number of countries (except the agreement with Member CIS countries, there is also agreement between the participating countries with EFTA, Macedonia, Montenegro). This is due to the fact that Ukraine, as a WTO member, enjoys advantages provided by this organization, as well as the fact that many trade partners of Ukraine are more economically powerful and as a result, can destroy national producers of certain goods. In addition, individual countries often resort to a violation of trade agreements, thereby responding to political pressure on Ukraine. In this regard, the features were imposing international responsibility for violation of the Treaty on Free Trade CIS 2011, and in particular, it was found that these contracts are generally expected to system response to a possible breach of contract (special protective measures anti-dumping and countervailing measures, restrictions to ensure the balance of payments) and established procedural mechanisms for dealing with disputes relating to the nonperformance of the contract, which, however, can not always be used by States. Thus, the article stated that the Treaty on Free Trade CIS defines only one legal basis to address procedural mechanisms to resolve disputes - it is the default if such failure puts or would damage the economic interests of a party to the contract. Therefore, a detailed study of this provision gave reason to believe that the procedural mechanisms for dispute resolution envisaged by the FTA CIS can be accessed only by the simultaneous presence of two circumstances: if the contract party is not fulfilling its obligations under the Agreement and if such failure strikes or may harm the economic interests of the other party. Thus, the Treaty on free trade zone CIS provides judicial procedure, which could be forced to resort to the state to stop illegal act and fulfill its obligations under the contract (if these actions do not harm suffered). In addition, the Treaty on free trade zone CIS provided legal mechanism, which could take other CIS member states (not affected by the violation of the Treaty) to call on state-infringer to stop violations of obligations in respect of States which acts to protect the collective interest. In our view, the approach of the CIS free trade to the question of the request to the mechanisms of dispute resolution does not match the essence of the principle of pacta sunt servanda. Also, this approach does not correspond to some extent developed by the UN International Law Commission Draft Articles on Responsibility of States for internationally wrongful acts, which despite its formal legal requirement, is a codification of customary international law in international responsibility. Indeed, although Article 42 allows the project to call the state to account (the opportunity to «give a formal diplomatic claim or to prosecute against the state, which is responsible») for only State that is a victim of an internationally wrongful act, however, on the other hand, Article 48 provides for the right of any State other than the victim, to call to account the State infringer if violated obligation is an obligation of states and respect established to protect the collective interests of the group and it is these cases may have place within the framework of the Treaty on the FTA CIS, which was concluded in the interests of the Commonwealth.
The article also draws attention to the fact that the Treaty on the CIS free trade zone is not under the scope of the dispute settlement mechanisms provided for in Art. 19 on the debate about the interpretation of the provisions of the contract. Although, as a rule, in the agreementson free trade zone for all disputes are common mechanisms of their settlement.
Key words: agreement on free trade zone, the Treaty on the free trade zone CIS 2011, international legal responsibility, Draft Articles on Responsibility of States for internationally wrongful acts, the CIS Economic Court, the WTO dispute settlement.
