scholarly journals THE LEGAL REGULATION OF ADMINISTRATIVE AND LEGAL REGIMES IN THE MEMBER STATES OF THE EURASIAN ECONOMIC UNION

2016 ◽  
pp. 0-0
Author(s):  
Анастасия Калмыкова ◽  
Anastasiya Kalmykova
Keyword(s):  
Social Life ◽  
New Technologies ◽  
Technological Development ◽  
Special Kind ◽  
Legal Regulation ◽  
State Regulation ◽  
Member States ◽  
Eurasian Economic Union ◽  
Legal Regimes ◽  
Economic Union

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.

LEGAL REGULATION OF CRYPTOCURRENCY MINING

2020 ◽  
pp. 13-20
Author(s):  
Pavel Samolysov ◽  
◽  
◽  
Keyword(s):  
Russian Federation ◽  
Reliability And Validity ◽  
Legal Regulation ◽  
State Regulation ◽  
Entrepreneurial Activity ◽  
Mining Equipment ◽  
Social Phenomena ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union

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.

scholarly journals Legal Framework of Labor Migration Governance in the Eurasian Economic Union and the European Communities: Comparative Analysis

2021 ◽  
Vol 8 (4) ◽  
pp. 573-601
Author(s):  
A. S. Leonov ◽  
I. E. Lisinskaya
Keyword(s):  
Comparative Analysis ◽  
Regional Integration ◽  
Labor Migration ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eurasian Economic Union ◽  
Migration Flows ◽  
Economic Union

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.

scholarly journals Rights and obligations of the broker and client in a brokerage contracts on the stock market in the EAEU member-states: doctrines, legislation, legal regulation and practice of implementation

2020 ◽  
pp. 1-24
Author(s):  
Renat Kanatovich Kanatov
Keyword(s):  
Stock Market ◽  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Professional Activity ◽  
Member States ◽  
Conflict Of Interests ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Civil Codes

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.

scholarly journals The Expert Right to Submit Petitions as an Exercise Form of Expert Initiative

2019 ◽  
Vol 14 (2) ◽  
pp. 24-34 ◽  
Author(s):  
O. G. Dyakonova
Keyword(s):  
Semantic Content ◽  
Legal Regulation ◽  
Economic Community ◽  
Member States ◽  
Electronic Form ◽  
Eurasian Economic Union ◽  
Financial Costs ◽  
Forensic Examination ◽  
Economic Union ◽  
Model Law

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.

scholarly journals Legal Regulation of Migration Processes in The Context of Eurasian Integration and The Covid-19 Pandemic

2021 ◽  
Vol 1 (3) ◽  
pp. 91-100
Author(s):  
Galina Moskalevich
Keyword(s):  
Migrant Workers ◽  
International Association ◽  
Recipient Country ◽  
Legal Regulation ◽  
Equal Rights ◽  
Member States ◽  
Eurasian Economic Union ◽  
The Social ◽  
Economic Union ◽  
The Government

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.

scholarly journals The concept, features and types of brokerage services on the stock market in the law of the EAEU member-states: doctrines, legislation and legal regulation

2020 ◽  
pp. 24-39
Author(s):  
Renat Kanatovich Kanatov
Keyword(s):  
Stock Market ◽  
Legal Regulation ◽  
Financial Derivatives ◽  
Comprehensive Analysis ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law

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.

scholarly journals PUBLIC PROCUREMENT IN TERMS OF THE EURASIAN ECONOMIC UNION

2017 ◽  
pp. 104-109
Author(s):  
Павел Кабытов ◽  
Pavel Kabytov
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
Single Market ◽  
Necessary Condition ◽  
Member States ◽  
Eurasian Economic Union ◽  
Mandatory Rules ◽  
Service Sectors ◽  
Economic Union ◽  
High Level

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.

scholarly journals Regulation of public procurement under the Eurasian Economic Union law and ways of convergence of national procurement legislation

Pravovedenie ◽  
2019 ◽  
Vol 63 (3) ◽  
pp. 393-411
Author(s):  
Dmitry A. Kazantsev ◽  
◽  
Natalya А. Mikhaleva ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
Member States ◽  
Economic Space ◽  
The Public ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Creation ◽  
Procurement System ◽  
Supranational Level

Russian procurement regulation exists not merely by itself, but also in the framework of the formation of unified approaches to procurement regulation within the Eurasian Economic Union (EAEU). These approaches today are based on a common methodology, although national laws of each state demonstrate various options for implementation. The integration processes affected by the creation of the EAEU also influence public procurement. The formation of a single economic space and unified procurement market as economic bases cannot exist without bringing the national legislation of EAEU member states on public procurement to uniform standards. The trend towards unification and harmonization of procurement legislation in the EAEU member countries requires the creation of a unified market for public procurement of the EAEU to ensure unhindered access to procurements, which will make it possible to expand sales markets under economic pressure from sanctioned non-tariff barriers. This article addresses some of the issues related to public procurement in EAEU member states in light of the functioning procurement systems. The authors make an attempt to reveal some of the main features of the public procurement system based on an analysis of the main legislative acts of the EAEU member countries. The main positive trends in harmonization of the EAEU procurement legislation are described taking into account previous experience. Ways to solve problems are proposed as a result of a comparative analysis of the legislation governing the procurement process in the EAEU member countries. The study also reveals the problems of legal regulation of the supranational level of procurement legislation that impede the effective achievement of the objectives of economic integration and the formation of a unified market for public procurement. The article is an attempt to comprehensively analyze the procurement legislation of the EAEU countries, taking into account the requirements of supranational legislation that is designed to ensure uniformity of legal models for the formation of a procurement system for state customers.

scholarly journals Labor migration: socio-legal characteristics of the problem

2021 ◽  
Vol 136 (3) ◽  
pp. 60-73
Author(s):  
S.K. Zhetpisov ◽  
◽  
B.K. Nurgazinov ◽  
A.V Boretskiy ◽  
◽  
...  
Keyword(s):  
Labor Migration ◽  
Well Being ◽  
Legal Regulation ◽  
Member States ◽  
Labor Migrants ◽  
Difficult Situation ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Economic Well Being

The article contains an analysis of the current situation in the field of labor migration in the member states of the Eurasian Economic Union (EAEU), complicated by restrictions on free movement due to the COVID-19 coronavirus pandemic. It is stated that against the background of the pandemic, the vulnerability of the labor market was most pronounced, exposing the problems of weak legal regulation, manifested in job cuts and mass unemployment. Today, labor migrants who have become «hostages» of the lockdown are experiencing significant difficulties in finding jobs, since many industries have not yet entered the full-fledged channel of efficiency. The article provides an overview of measures to regulate the socio-economic situation in the field of labor migration of the EAEU member states in the context of the coronavirus pandemic, since migrants from these countries found themselves in the most difficult situation. The presented article is necessary for the most correct assessment of the processes of labor migration that determine the degree of socio-economic development of the EAEU member states. In the article, the authors conclude that the problems in the field of labor migration, which have worsened in the context of the pandemic, require immediate and thoughtful solutions, since they can have long-term consequences on the economic and social development of states and integration processes. It is stated that the above-mentioned countries have potential opportunities to stabilize the situation with the position of labor migrants, since this directly depends on the effectiveness of the activities of the authorities, preparation of legislation and the level of economic well-being.

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