ПРАВИТЕЛЬСТВО КЫРГЫЗСКОЙ РЕСПУБЛИКИ

РАСПОРЯЖЕНИЕ

от 23 августа 2012 года № 426-р

1. Одобрить прилагаемый проект Соглашения между Правительством Азербайджанской Республики, Правительством Республики Казахстан, Правительством Кыргызской Республики и Правительством Турецкой Республики о создании Тюркской Академии.

2. Уполномочить министра образования и науки Кыргызской Республики на подписание вышеуказанного Соглашения с правом внесения изменений и дополнений непринципиального характера.

AGREEMENT

on the Establishment of the Turkic Academy

The Governments of the Republic of Azerbaijan, Republic of Kazakhstan, Kyrgyz Republic and Republic of Turkey, hereinafter referred to as the "Parties",

- referring to the provisions of the Nakhchivan Agreement on the Establishment of the Cooperation Council of Turkic Speaking States of 3 October 2009;

- taking into account the Declaration of the 10th Summit of the Heads of the Turkic Speaking States on 16 September 2010 in Istanbul, emphasizing the necessity to establish the Turkic Academy;

- recognizing the importance of historic and spiritual role of Turkic culture which unites and guides Turkic peoples in their common endeavors;

- taking into account the contribution of Turkic peoples to the historical and cultural heritage of mankind and to the development of world civilization;

- determined to promote educational and scientific cooperation to strengthen friendly relations between the Turkic Speaking States and peoples;

- aiming at facilitating the integration of Turkic peoples through supporting academic research and education;

Have agreed as follows:

Article 1.

The Parties hereby establish the Turkic Academy as an international organization under the aegis of the Cooperation Council of Turkic Speaking States (hereinafter referred to as the "Turkic Council").

Article 2.

The purposes and tasks of the Academy are:

- to coordinate and promote research in the field of Turkic studies, focusing on conservation, development and popularization of diachronic studies of Turkic languages, literature and culture;

- to promote the development of Turkic studies and international cooperation on the scientific research in Turkic studies;

- to implement comprehensive studies on common Turkic history and ethnography;

- to conduct research about cultural and spiritual heritage of Turkic peoples, promote their contributions to the development of world civilization and inform the public of their achievements;

- to facilitate and encourage initiatives by scientific communities, cultural and educational circles, relevant state institutions of the Parties as well as of other Turkic Speaking States;

- to strive towards creating a common literary language for all Turkic peoples, by utilizing full potential of the Turkic languages including common ancient texts and oral resources;

- to launch a consolidated alphabet applicable for all Turkic languages;

- to conduct studies with a view to preparing common textbooks/teaching materials for use of the educational establishments of respective Parties;

- to train specialists in Turkic studies by organizing PhD programs for researchers employed by the Turkic Academy;

- to create an internationally prominent centre of research in the field of Turkic studies.

Article 3.

The location of the Turkic Academy is the city of Astana, Kazakhstan. The Government of the Republic of Kazakhstan shall provide suitable premises for the Turkic Academy.

Article 4.

The Academy shall function as an international organization presided by a Scientific Council consisting of one representative from each Party, as well as the President and Vice-Presidents of the Turkic Academy. Chairmanship of the Scientific Council will be assumed by members of the Scientific Council on annual rotational basis in accordance with the alphabetical order of the official names of the Parties in English.

The Scientific Council shall take decisions by majority.

The Academy shall be administered by the President, who shall be appointed by the Council of Heads of State of the Cooperation Council of Turkic Speaking States (hereinafter referred to as the "CHS") upon the proposal of Scientific Council. The President shall have deputies from each Party, except from the Party of his/her nationality, for a period of four years on a renewable basis.

The President is appointed from among the citizens of the Parties for a period of four years on a renewable basis. The first President will be appointed from among citizens of Kazakhstan, following presidents will be appointed in accordance with the alphabetical order of the official names of the Parties in English with the English alphabetical order of the official names of the Parties.

President may be suspended and/or dismissed from service by the CHS upon proposal of Scientific Council in case of serious misconduct which entails immediate action or illness leading to incapacitation.

Vice-Presidents shall be appointed from among the citizens of the Parties by the Scientific Council for a period of four years on a renewable basis.

Vice-Presidents may be suspended and/or dismissed from service by the Scientific Council in case of serious misconduct which entails immediate action or illness leading to incapacitation.

The Academy may employ research fellows on scientific merits to conduct research in specific areas determined by the Scientific Council. Such scientists will be hired on a contractual basis for a fixed term limited by the exigencies of the research subject in question.

The personnel of the Turkic Academy is appointed by the President.

Article 5.

The Academy shall prepare Progress Report on its activities and submit it to the CHS.

Article 6.

The Parties empower the Academy in the person of the President with the right to conclude a Host Country Agreement with the Government of the Republic of Kazakhstan on the conditions of the Academy's location and premises in the territory of the Republic of Kazakhstan, draft of which should be initially endorsed by the Council of Foreign Affairs of the Turkic Council (hereinafter referred to as the "CFM").

The Academy shall enjoy international legal capacity to implement its purposes, in particular:

- conclude contracts;

- acquire and dispose the property;

- act in the courts as plaintiff or defendant;

- open accounts and make transactions in cash assets.

Article 7.

The President and Vice-Presidents of Turkic Academy and their dependants, who are neither citizens of the Republic of Kazakhstan nor permanent residents in the Republic of Kazakhstan, shall enjoy the same privileges and immunities accorded to diplomatic agents in the Republic of Kazakhstan, in accordance with Articles 29-36 of the Vienna Convention on Diplomatic relations of 18 April 1961, subject to the exemptions provided in the above articles.

Privileges and immunities of foreign staff members of the Turkic Academy shall be determined by the Host Country Agreement.

Staff of the Academy shall be exempt from taxation on the salaries and emoluments paid to them by the Turkic Academy.

Article 8.

The Turkic Academy shall prepare its draft budget and send it with the calculations and justification on each item for consideration by the Parties in the first half of the year preceding the new financial year. Upon their endorsement it is approved by the CFM.

Compulsory contributions by the Parties shall be decided by the CFM, taking into account their capacity to pay, the prevailing scale of contributions to the United Nations and their present contributions to the comparable regional organizations. However the share of the Host Country shall not be lower than the other members.

The scale of compulsory contributions shall be shown in a separate protocol to be signed by the CFM.

Voluntary contributions to the Academy shall be unlimited.

Article 9.

External Audit for the financial activities of the Turkic Academy shall be carried out not less than once in every year by a body authorized by the CFM. The President of the Turkic Academy shall present documents, necessary for conducting external audit, to the body so authorized.

After the external audit is carried out, the audit report shall be circulated by the President of the Turkic Academy to all the Parties.

Article 10.

Third parties and international organizations may be granted the observer status by decision of the CFM.

Article 11.

The working languages of the Turkic Academy are the state/official languages of the Parties and the English language.

Article 12.

Disagreements that may arise in the interpretation and implementation of the provisions of this Agreement shall be resolved by the Parties through consultations and negotiations.

Article 13.

If one of the Parties decides to withdraw from the Agreement, it will cease to be valid for that Party only. The withdrawal will take effect after six months following the date of receipt of the written notification by the depositary from the Party concerned through diplomatic channels.

The withdrawing Party shall be assumed to have abandoned its rights on the assets of the Academy, including intellectual property rights, artifacts or other gifts donated to Turkic Museum as well as books and similar electronic materials to Turkic Library.

Article 14.

Amendments and additions may be made to the present Agreement in the form of separate protocols being an integral part of this Agreement, and entering into force in accordance with the procedure set forth in Article 16 of this Agreement.

Article 15.

This Agreement, which is concluded for an indefinite period of time, shall enter into force on the thirtieth day after the receipt of the third written notification by the depositary on the completion of internal procedures required for its entry into force.

This Agreement shall enter into force for other signatories on the thirtieth day after the receipt by the depositary of its instrument of ratification.

This Agreement shall be open for accession of Turkic Speaking States. The Agreement shall enter into force for these States on the thirtieth day after the receipt by the depositary of its instrument of accession.

Article 16.

The depositary of the present Agreement is the Ministry of Foreign Affairs of the Republic of Turkey.

Done in ________ "___" __________ in a single original copy in the Azerbaijani, Kazakh, Kyrgyz, Turkish and English languages, all texts being equally authentic.

In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the English text.

The original copy of this Agreement shall be kept by the Depository, which shall send to each signatory Party a certified copy.

For the Government of the Republic of Azerbaijan

For the Government of the Republic of Kazakhstan

For the Government of the Kyrgyz Republic

For the Government of the Republic of Turkey