scholarly journals Nuclear energy: Russia’s international treaties with other EEU members

2021 ◽  
Vol 118 ◽  
pp. 03022
Author(s):  
Olga Vladimirovna Glikman ◽  
Aziza Ulugbekovna Nazarova ◽  
Alina Valeryevna Filippova ◽  
Ekaterina Gennadyevna Minenkova

The purpose of the study is to identify trends and compare the scope of multilateral and bilateral international legal regulation of relations between Russia and other Eurasian Economic Union members in the field of peaceful use of nuclear power (energy). The methodological basis of the research consists of general scientific and special legal methods. The application of these methods made it possible to subject the current national legislation in the field of nuclear energy to in-depth comparative legal analysis and to identify the prospects for its modernization. The result of the study was the absence of special provisions in the Treaty on the Eurasian Economic Union aimed at integration in the nuclear energy sector and the formation of a common nuclear energy market of the Eurasian Economic Union. The study’s novelty lies in the authors’ approach to the allocation and comparison of the scope and subject matter of existing international treaties of Russia with other Eurasian Economic Union members, regulating cooperation in the peaceful use of nuclear energy, which are not included in the Eurasian Economic Union law. According to the authors, despite the prospects and trends of forming the Eurasian Economic Union nuclear law noted by experts, Russia’s bilateral international agreements with other Eurasian Economic Union members will continue to play a special role in regulating relations in the nuclear energy sector.

2020 ◽  
pp. 49-69
Author(s):  
I. M. Akulin ◽  
◽  
E. A. Chesnokova ◽  
R. A. Presnyakov ◽  
A. D. Letova ◽  
...  

This article is devoted to a comprehensive analysis of telemedicine in the countries of the Eurasian Economic Union: its legal regulation, methods of implementation and development prospects. The authors pay attention not only to a comparative legal analysis of telemedicine regulation in the EAEU countries, but also to determining the possibility of creating a general agreement on telemedicine between the Russian Federation, the Republic of Belarus, the Republic of Armenia, the Republic of Kazakhstan and the Kyrgyz Republic. Identifying gaps in the national regulation of telemedicine in these countries, the authors point out the aspects in which it is necessary to harmonize the regulatory framework for telemedicine consulting, and also provide for those provisions that must be necessarily disclosed in the agreement on telemedicine within the EAEU.


Author(s):  
Андрей Морозов ◽  
Andrey Morozov

The article explores the issues related to the fulfillment of international obligations accepted by the member states within the framework of the Eurasian Economic Union, on the basis of an analysis of international legal and domestic legal acts. The purpose of the article is to develop scientifically grounded recommendations and proposals on improving the legal mechanisms for the fulfillment by Member States of international obligations arising from international legal acts operating within the framework of the Eurasian Economic Union. Tasks of the article: analysis of the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014, concerning the application and implementation of decisions adopted by the bodies of the Eurasian Economic Union; an analysis of the regulatory legal acts of the member states of the Eurasian Economic Union affecting the implementation of international obligations arising from international treaties and decisions of international organizations; comparative legal analysis of the provisions of the constitutions of the member states of the Eurasian Economic Union on the place of international treaties in national legal systems; development of proposals on the improvement of legal mechanisms for the implementation of international obligations adopted within the framework of the Eurasian Economic Union. Among the methods used in the preparation of the article, it is necessary to distinguish the dialectical method, the philosophical method, the formal logical method, the system-structural method, the historical method, the formal legal method, the method of interpreting the law, the comparative legal method, the method of expert appraisal, the method Legal modeling and forecasting. In the article, based on the results of the study of international legal acts, legislative and by-laws of the member states of the Eurasian Economic Union, as well as scientific developments, proposals were made to improve the legislation of the Russian Federation in the field of fulfilling international obligations, the source of which are decisions of international organizations, including the Eurasian Economic Union.


2020 ◽  
Vol 16 (1) ◽  
pp. 28-35
Author(s):  
O. V. Glikman ◽  
A. U. Nazarova

Introduction. Energy cooperation of the member states of the Eurasian Economic Union plays a crucial role in the framework of the Eurasian economic integration. The EAEU members set as their goal the creation of common energy markets of the Union by 2025.The legal doctrine comprises different opinions regarding the legal nature of the EAEU and the EAEU law, which is important for the analysis of international legal aspects of the cooperation of the EAEU members in the energy sector, as well as for the formation of the EAEU energy law.The article analyzes the energy provisions of the Treaty on the Eurasian Economic Union, the role of national legislation and bilateral international treaties of the EAEU members in the energy sector.Materials and methods. The EAEU legal acts, previous acts of the EurAsEC, the existing bilateral international treaties of the EAEU members in the energy sector, the works of prominent authors affecting Eurasian integration have been used. The research methodology was based on the following theoretical methods of cognition: analysis, synthesis, induction, deduction, analogy, as well as special methods of cognition of legal phenomena and processes: comparative legal and formal legal.Results. The study summarizes the legal acts of the EAEU in the field of energy of various legal nature, highlights the gaps and weaknesses of the energy provisions of the Treaty on the Eurasian Economic Union, identifies differences in the approaches of the EAEU and EurAsEC, analyzes the provisions of the Treaty regarding national legislation and bilateral international treaties of the EAEU members in the field of energy.Discussion and conclusions. The acts of the EAEU law in the field of energy are considered as the EAEU energy law which, as well as the European Union energy law, is a part of the international energy law.The identified gaps and weaknesses in the energy provisions of the Treaty on the Eurasian Economic Union can be used to improve the EAEU energy law.Despite the development of multilateral regulation of energy cooperation through the EAEU legal acts aimed at the formation of common EAEU energy markets the national legislation of the EAEU members remains important in the field of energy and a lot of work will be required to harmonize and unify it. In addition the bilateral international treaties of the EAEU members governing energy cooperation are of great importance.


Pravovedenie ◽  
2019 ◽  
Vol 63 (3) ◽  
pp. 381-392
Author(s):  
Alena F. Douhan ◽  

Currently, international organizations are increasingly making binding decisions on member states. At the same time, unlike the implementation of international treaties, the mechanism for implementing acts of international organizations is poorly regulated in national law, including the Republic of Belarus. The Eurasian Economic Union (EAEU), established in January 2015, is empowered to adopt obligatory acts, some of which should be directly applied on the territory of EAEU member states. As a result, the traditional mechanisms for the implementation of acts of international organizations at the national level are no longer sufficient and require detailed legal regulation. The article reveals the legal basis for the implementation of acts of the Eurasian Economic Union in Belarus’ legal system. The work examines the status, types and specifics of acts adopted by the EAEU bodies, identifies the characteristic features of the implementation of these acts at the national level and specifies applicable terminology. In particular, special attention is paid to the legality of the use of terms “implementation” and “actualization” concerning the transfer of norms of the EAEU acts to the national legislation of its member states. The article considers the possibility of implementing obligatory acts of international organizations, especially those, which are supposed to be directly applied at the national level. Emphasis is placed on identifying the existence of an obligation to implement obligatory decisions of the EAEU Commission as well as their implementation in the Republic of Belarus. Based on the study, it was demonstrated that the majority of obligatory acts of the EAEU are implemented in Belarus by means of different types of references. The article also identifies the place of the EAEU acts in the hierarchy of legal acts of the Republic of Belarus.


2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Рустам Давлетгильдеев ◽  
Rustam Davletgildeev ◽  
Ольга Сычева ◽  
Olga Sycheva

This article is devoted to the analysis of international and legal cooperation in the area of labor migration in the Eurasian Economic Community and the Eurasian Economic Union. The authors study background for the creation and history of the Common Economic Space and the Customs Union, one of the main purposes of which is the creation and operation of a common labour market. The authors perform the analysis taking into account similarities and differences of legal regulation of the issue under consideration in the European Union, and make comparison. The authors point out to the continuity problems of labour migration legal regulation within the framework of the Eurasian Economic Union, including harmonization of legislation on labour migration of the Union’s member countries. The authors study the institutional system of the Eurasian Economic Community (Eurasian Economic Union) and powers of institutions in the field of labour migration, indicate the presence of special migration authorities in the EurAsEC and in the Eurasian Economic Union. Provisions of the Treaty on the Eurasian Economic Union devoted to labour migration are analyzed. The authors note the probability that the law harmonization function will be implemented in the Eurasian Economic Union not through model laws but through international treaties and decisions of the Union’s institutions. The authors assume that the Eurasian Economic Union will work out the desired integration model, based not only on political and economic interests, but which will take into account civilizational peculiarities of the Eurasian region.


2021 ◽  
Vol 12 (3) ◽  
pp. 676-692
Author(s):  
Natalia A. Vorontsova ◽  

International treaties on both general and special issues, adopted at the universal, regional and bilateral levels, provide a variety of legal mechanisms for the cooperation of States in one of the branches of international law — international customs law. Here there is a very specific set of international legal norms, of course, corresponding to general international law and at the same time introducing its own characteristics. The article provides an analysis of the privileges and immunities that are within the competence of customs administrations. In particular, the author considers the so-called “customs privileges” provided to a certain category of persons in the Eurasian Economic Union (hereinafter referred to as EAEU or Union). The article analyzes the customs aspect of the EAEU law and the relevant provisions of the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963 regarding the procedure for granting privileges and immunities to certain categories of people, the movement of diplomatic mail and the consular bag. In addition, the practice of the Russian Federation on the above-mentioned issues is described. The relevance of the research topic is due to the adoption of the new EAEU Customs Code in 2017, which has undergone significant changes in terms of customs regulation of the provision of immunities and privileges for a certain category of persons, the legal analysis of which requires correlation with international standards in this field adopted earlier. The peculiarities of customs regulation within the framework of the EAEU, regarding the granting of immunities and privileges to certain categories of persons, are pointed out and adherence to their norms of international law is noted.


Author(s):  
Pavel Samolysov ◽  
◽  
◽  

Purpose and objectives: analysis of legal regulation of cryptocurrency mining in the Russian Federation and abroad, identification of problems and gaps in this area and development of proposals aimed at their resolution. Scientific significance: the article reveals the current state and established doctrinal approaches to the legal regulation of cryptocurrency mining in Russia. For the first time, the necessity of strengthening and developing state regulation of mining is substantiated. The main attention in the article is paid to the system of legal regulation of the process of creating cryptocurrencies in the territory of the Russian Federation, taking into account the law of the Eurasian Economic Union. Methods: a dialectical approach to the cognition of social phenomena, allowing them to be analyzed in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal logical, comparative legal, sociological, which allowed the author to ensure the reliability and validity of the conclusions. Key findings: The legal vacuum in the regulation of mining acts as a serious inhibiting factor at the current stage of its improvement and often itself becomes an offense. At the same time, cryptocurrency mining is one of the new types of entrepreneurial activity, in connection with which in the near future it is necessary to introduce state regulation of cryptocurrency mining in the Russian Federation, for which it is necessary: to develop a law regulating the organization and implementation of the production of cryptocurrencies using cryptographic algorithms; to supplement the classifier of the main type of carried out economic activity with a new type of activity — mining; to create a unified electronic register of crypto farms operating on the territory of the Russian Federation; supplement the existing legislation of the Russian Federation and the Eurasian Economic Union with the norms regulating the import of mining equipment. Thus, the important results of the study are: the development of the problems posed, which for a long time remained outside the attention of specialists, as well as the significant novelty of the factual material introduced into circulation.


Author(s):  
Bogdan Grachev

This article attempts to “objectify” and conceptualize the concept of “Eurasia”, determine its ontological characteristics as the sociopolitical space of development of the Russian civilizational project, as well as delineates the contours of this space within the framework of a project-constructive methodological orientation. The author refers to the history of formation of holistic representations on Eurasia within the scientific thought, giving special attention to the contribution of geopoliticians, and emphasizing the implementation of theoretical provisions in real politics. The empirical basis relies on the two megaprojects that are implemented in practice: the Silk Road Economic Belt initiated by China and the Eurasian Economic Union (which includes Armenia, Belarus, Kyrgyzstan, Kazakhstan, and Russia), as well as the “Greater Eurasia” as a potential way of their interlink and development of the space for cross-civilizational dialogue on the continent. The main conclusions are as follows: 1) Eurasia is determined both as the goal of the Russian project of civilizational development and as the space it can be realized within. At the same time, the space for the development of Russia-Eurasia is described as the natural environment of the Russian civilizational project, the space of the “primary circle”. Special role is played by the creation and development of the Eurasian Economic Union, which unites the countries that have faced the escalation of nationalist sentiment after the dissolution of the Soviet Union; 2) The “Greater Eurasia” is designated as the “secondary circle” of the Russian civilizational project, a space for continental cooperation, determines by new political reality.  3) Certain zones of civilizational confrontation and contradictions on the continent have been identified. The author believes that the need for conceptualization of the concept at hand lies in the significant sociopolitical formative potential.


World Science ◽  
2019 ◽  
Vol 3 (3(43)) ◽  
pp. 50-54
Author(s):  
Идрышева Сара Кимадиевна

The article is devoted to the consideration of the main program documents on the establishment of the European Union and the Eurasian Economic Union, as well as its predecessors in terms of identifying the participants in these integration associations about the purpose of creating interstate unions. Based on the application of logical, historical methods of scientific research and comparative legal analysis of the texts of constituent documents of two subjects of international law, the author comes to the conclusion that there is such a lack of constituent documents of the Eurasian Economic Union as the lack of emphasis on ensuring well-being for each person living in the union states. The author believes that the prevalence in the constituent documents of the EAEU goals of achieving economic success entails an appropriate attitude to the degree of protection of human rights in this union.


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