scholarly journals BURNING ISSUES OF INTEGRATION LAW AND CONSTITUTIONAL LAW OF MEMBER-STATES

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Константин Чайка ◽  
Konstantin CHayka

The question about primacy of supranational rules over domestic law, about correlation of competences of integration court and of high national courts arises at certain stage of the development of integration law. This question is vital both for the Eurasian Economic Union. At the same time spheres that require complementary activity of international and national courts may be revealing. In the law of the Eurasian Economic Union these include settlements of disputes because of different parts of a rule are a part of acts of different levels: supranational and national. This involves diverse sanctions for breach of Union law in member states, distinct tariff exemptions. This dualism of legal regulation leads to absence of legal certainty and stability, directly infringe human and civil rights and liberties. This article examines features of law of the Eurasian Economic Union at the present stage, solutions of specified problems.

10.12737/7245 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Андрей Габов ◽  
Andrey Gabov

This article analyzes some important trends and issues in the development of legal regulation of relations between the state and business. The article noted the main negative trends and challenges in the development of legislation at the present stage: the increasing instability of legal regulation; lack of priorities and evidence-based forecast, the consistency of decisions etc. These trends are accompanied by comments and examples from recent changes in the civil law. It is noted that the General result of all these negative trends is the increasing uncertainty of legal regulation, reducing its effectiveness. It is noted that the shortcomings of our legal system in part of state relations and business at the present stage amplified two significant external challenges: the creation of a Eurasian economic Union (EEU) and participation in the WTO; the adoption of a number of States sanctions against Russia in connection with the known events in Ukraine.


2021 ◽  
Vol 8 (4) ◽  
pp. 573-601
Author(s):  
A. S. Leonov ◽  
I. E. Lisinskaya

This article provides a comparative analysis of the legal regulation of labor migration in regional integration organizations: the European Communities (ECs) and the Eurasian Economic Union (EAEU). Methodologically, we argue that a synchronous comparison of the European Union (EU) in its current shape and the EAEU is rather inadequate and draw on a diachronic comparison of labor migration regulation in the EAEU and the ECs. On the one hand, we identify a number of important differences. We show, in particular, that while regulatory mechanisms in the EEC aimed at stimulating new migration flows, in the post-Soviet space mechanisms of regional migration governance provide the existing migration flows with an appropriate normative framework. We also show that in the case of the EAEU, the founding Treaty provided for a number of essential social rights for workers from EAEU Member States, whereas in the EEC these rights appeared at a much later stage. Regulation of labor migration in the EEC and the EAEU also differs in terms of distribution of competencies in this area between national and Community / Union levels. On the other hand, we also find a number of similarities, which hint at dynamics of policy learning. This is, in particular, evident in the development of mechanisms aimed at protection of migrants’ rights. This is also the case of the Agreement on pensions for workers of the EAEU member states, which seems to borrow from the EU experience opting for coordination of Member States’ retirement systems instead of their unification. Overall, some of EEC/EU ‘best practices’ have contributed to important positive developments in the regulation of intra-Union labor migration in the EAEU.


Author(s):  
Evgenii Vladimirovich Pustovalov

The subject of this research is the process of establishment of the regime of Single Services Market of the EAEU, taking into account the approved algorithms with regards to the plans for liberalization of services marker by separate sectors, as well as prescribed by the law of the Union mechanisms of maintaining such regime that would allow removing barriers and limitations impeding its functionality. The author particularly examines the removal of barriers pertaining to trade in services via realization of the pacta sunt servanda principle; direct and indirect application of law of the Union by the national courts; work of the Court of the Eurasian Economic Union; development and implementation of the specialized mechanism of removing barriers and limitations impeding functionality of the Single Services Market. The research result consists in systematization of mechanisms that might be used to ensure compliance with the regime of Single Services Market. The author formulates recommendations on concluding the international agreement within the framework of EAEU, focused on regulation of administrative cooperation of the competent agencies of the member-states in terms of separate sectors of services, as well as regulation of the work of special commission authorized to consider requests of the services market participants, and deliver the binding for EAEU member-states decisions.


Author(s):  
Renat Kanatovich Kanatov

From the perspective of doctrines, legislation (such as civil codes), judicial and other practices, this article examines the rights and obligations of the broker and client in a nrokerage contracts in the countries of the Eurasian Economic Union. The author particularly explores certain obligations of the broker that invoke ambiguous interpretation: obligations of the broker on carrying out client’s assignment; on prevention of the conflict of interests in fulfilment of his professional activity in the stock market; on accounting of client’s funds on a special brokerage account, etc. The scientific novelty consists in comprehensive analysis of the selected circle of questions based on the material of EAEU member-states. The research results consists in determination of the theoretical and practical problems in execution of rights and obligations of the broker and his client on the stock market; formulation of recommendations on the improvement of legal regulation and harmonization of legislation of EAEU member-states in this regard.


2019 ◽  
Vol 14 (2) ◽  
pp. 24-34 ◽  
Author(s):  
O. G. Dyakonova

The issues of an expert right of initiative when undertaking a study is very relevant to this day since there is still no proper legal regulation. The provisions of legislation on expert activities of the member States of the Eurasian Economic Union, the Model Law of the Eurasian Economic Community on forensic activities, as well as scientific positions on the nature, structure, exercise, limits and regulation of expert initiative are analyzed in the article. An opportunity to establish the expert initiative right by entitling him to submit petitions connected with appointment and production of forensic examination is examined. The author proposes to make additions to the existing legislation on forensic activities to enshrine the specific expert right to submit a range of petitions. For instance, to invite other experts to examination; to extend the term of examination; to change the wording of the issues for expertise preserving their semantic content in the decision on the appointment of an examination, to withdraw permission for a proceedings participant to attend an examination if he obstructs the work of an expert. As a possible way to reduce the time and financial costs to resolute the expert’s petitions an exemplary order of their submission in electronic form is proposed.


2021 ◽  
Vol 1 (3) ◽  
pp. 91-100
Author(s):  
Galina Moskalevich

The relevance of the research topic is due to the fact that the creation of the Eurasian Economic Union (hereinafter – the EAEU) was aimed at increasing the economic competitiveness of the countries that joined this international association, which, in turn, should improve the living standards of the population of the member states. The active development of integrationprocesses in these countries required making appropriate changes to national legislation in order to form a homogeneous legal field and enrich their domestic law with international experience in legal regulation, including the regulation of migration processes, since integration is always accompanied by migration processes. The purpose of this article is to study and analyze the problems of legal regulation of migration processes taking place in the EAEU countries. The article deals with the problems of legal regulation of migration processes in the Eurasian Economic Union (EAEU). The article analyzes the normative provisions of the Treaty on the EAEU that regulate migration processes on the territory of the EAEU, serve as a legal basis for solving issues of labor migration, and increase the labor status of migrants-citizens of the states that are members of the Eurasian Economic Union. It is emphasized, that the provisions of the Treaty on the EAEU establish the status of migrant citizens from the EAEU countries temporarily working on the territory of one of the member states, regulate their relations with the employer and establish at the legislative level equal rights of migrant workers with citizens of the recipient country, including the social sphere, with the exception of pension provision. Some advantages are established for migrants from the EAEU member states: it is provided not only to protect the interests of the states, but also the rights and freedoms of migrant workers and members of their families who arrived from the EAEU member States, to create favorable conditions for their life in the country that accepted them, including for performing work activities, contributing to successful integration into the social system of the country. Attention is focused on the problems associated with the implementation of the provisions of the Treaty on the EAEU, due to the significant differences between the partner states related to the level and models of economic development. It is noted that in the scientific legal literature and legislation of the EAEU countries, there are different approaches to the interpretation of the concept of “population migration”, representatives of which take as a basis certain signs of this complex socio-economic phenomenon, considering it from different sides. It is concluded that it is necessary to develop a unified approach to the legal regulation of migration processes on the territory of the EAEU and the formation of a common labor market. Proposals aimed at improving migration legislation were made: to unify the acquired social and legal status of migrants in the receiving country; to systematize and harmonize the migration legislation of the EAEU member states; to coordinate with the EAEU partners the government decisions taken in the fight against the COVID-19 coronavirus infection affecting migration processes, and others. A proposal was put forward on the need to develop and adopt a codified normative act – the Migration Code of the EAEU, which, according to the author, would eliminate the existing contradictions between the provisions on migration in the Treaty on the EAEU and the national migration legislation of the member states; unify the system of migration legislation within the framework of an integration international association, bringing it into line with international law.


Author(s):  
Анастасия Калмыкова ◽  
Anastasiya Kalmykova

The article is devoted to еру comparative legal analysis of the legislation in the Member States of the Eurasian Economic Union regard to the regulation of administrative and legal regimes. It examines the types of administrative and legal regimes, the specific methods of state regulation of the introduction of administrative and regulatory regimes as well as the restrictions imposed on members of regulated relations. The article also analyzes the common and distinctive features of the administrative and legal regimes in the Member States of the Eurasian Economic Union. The author proceeds from the fact that the grounds for the establishment of administrative and legal regimes in the Member States of the Eurasian Economic Union are requirements relating to safety as the result of social conflicts (causes) and the causes of natural, technological and biological nature as well as due to the necessity of establishing a special kind of regulation. This task is even more actualized in terms of scientific and technological development, the creation of fundamentally new technologies and industries, and the growth of morbidity and mortality because of influence of harmful environmental factors, progressive economic crisis, general increase of paces and intensity of economic, political and social life.


Author(s):  
Renat Kanatovich Kanatov

This article is aimed at formation of the concept of “brokerage services on the stock market” and systematization of brokerage services on the stock market for the purpose of improvement of legal regulation of the relations on rendering brokerage services in the EAEU member-states. The author examines the following aspects: 1) features of brokerage services on the stock market from the perspective of the doctrines; 2) peculiarities of brokerage services on the stock market stipulated by legislation of the states of Eurasian Economic Union; 3) classification and types of brokerage services on the stock market from the perspective of the doctrines; 4) classification of brokerage services on the stock market by the services of classical broker and discount broker; 5) types of brokerage services on the stock market established in legislation of the EAEU member-states.  The scientific novelty consists in comprehensive analysis of the selected circle of questions based on the material of EAEU member-states. The main results include: 1) the formulated definition to the concept of “brokerage services on the stock market; 2) conducted systematization of brokerage services on the stock market in the EAEU member-states; 3) developed concept of implementation in the EAEU of the institution of discount brokers of stocks and financial derivatives.


Author(s):  
Павел Кабытов ◽  
Pavel Kabytov

The realization of the goals of the Eurasian economic Union is closely connected with the formation of common markets in various areas of economic cooperation. One of these areas are public procurement, which can have a significant impact on mutual trade between the member States in the framework of the functioning of the internal market of the Eurasian economic Union. To date, however, this effect is not significant. Prerequisites for this are the numerous “barriers”, “withdrawal” and “restrictions” that remain in the legislation of member States of the Eurasian economic Union, which requires its identify and resolve. The purpose of this study was to identify obstacles to the formation of a single public procurement market in the Eurasian economic Union. The objective of the study is the analysis of legal regulation of public procurement in member States of the Eurasian economic Union and the Eurasian economic Union with the aim of identifying the existing “barriers”, “withdrawal” and “limitations” in this field. To achieve the goals and objectives of the study are applied comparative legal, formal legal and formal logical methods, method of interpretation of law, as well as scientific methods. The results of the study identified obstacles to providing a high level of cross-border participation in public procurement. Revealed that the provision of unhindered access for potential suppliers and providers of member States to participate in public procurement is in direct proportion to ensure the regime of the single market for services in various service sectors. It is concluded that a necessary condition for the formation of a single market of public procurement is not only elimination of the existing “barriers”, “exceptions” and “limits” in the laws of the member States of the Eurasian economic Union, but also the completion of the process of building a single market for services, the further rapprochement of licensing systems, harmonization of mandatory rules and requirements in the member States of the Eurasian economic Union.


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