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 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.

Combating Corruption in the Eurasian Economic Union Member States: International Legal and Domestic Regulation

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0 ◽  
Author(s):  
Андрей Морозов ◽  
Andrey Morozov
Keyword(s):  
Union Member ◽  
Legal Framework ◽  
Regional Level ◽  
Scientific Article ◽  
The European Union ◽  
Member States ◽  
Eurasian Economic Union ◽  
Independent States ◽  
Economic Union ◽  
Domestic Regulation

This scientific article explores the issues of combating corruption in the member States of the Eurasian Economic Union on the basis of international legal and domestic regulation. The author conducts the analysis of the international legal framework of the Eurasian Economic Union, the specifics of law of the Eurasian Economic Union and peculiarities of enactments, adopted under its auspices. Special attention is paid to the development of the Eurasian anti-corruption strategy as a special international legal anti-corruption act, which could be adopted within the framework of the Eurasian Economic Union. The author examines the experience of the European Union, which is of interest for the development of anti-corruption cooperation in the Eurasian Economic Union. The author analyzes anti-corruption legislation of member States of the Eurasian Economic Union. The author also analyzes the international anti-corruption instruments in force at the universal and regional level, as well as the experience of the Commonwealth of Independent States in the sphere of anti-corruption cooperation and outlines proposals for its development and improvement.

scholarly journals CONSTITUTIONAL GUARANTEES FOR THE TRANSFER BY MEMBER STATES OF THE AUTHORITY TO THE EURASIAN ECONOMIC UNION AND EUROPEAN UNION

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Лидия Щур-Труханович ◽  
Lidiya Shchur-Trukhanovich
Keyword(s):  
European Union ◽  
Regional Integration ◽  
International Association ◽  
The State ◽  
Kyrgyz Republic ◽  
The European Union ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Eu

This article presents an analysis of constitutional grounds for the transfer of certain powers of the state by Member-States of the European Union (EU) and the Eurasian Economic Union (EAEU). The focus of the legal analysis is the EAEU, a regional integration grouping which is operating since 1 January 2015. This new international organization, comprising Armenia, Belarus, Kazakhstan, the Kyrgyz Republic and Russia is rapidly developing , making the use of the powers vested into it by its Member-States. However, only one Member-State of the EAEU has a constitutional act that contains norms allowing the transfer of certain powers to an international association — namely, the Constitution of the Russian Federation. The constitutional acts of other Member-States of the EAEU do not contain such provisions, and the relevant analysis was left to the constitutional judiciary authorities of those states. In contrast, constitutional acts of most European states contain norms that generally establish the right of the state to transfer certain powers to international organizations and associations, and, moreover, that specifically refers to the EU as a subject of such a transfer, while at the same time outlining procedures for the interaction between governmental bodies of those states and the institutions of the EU. By making a comparative analysis of international norms and national constitutional provisions in the EU and EAEU, the article attempts to estimate the relevant risks for the EAEU, and identify the conditions in which they may occur.

Competitiveness of energy-consuming devices: new requirements in technical regulation for sustainable development

2020 ◽  
Vol 27 (3) ◽  
pp. 11-18
Author(s):  
E.A. Sysoeva ◽  
◽  
T.A. Rozhkova ◽  
Keyword(s):  
Energy Efficiency ◽  
Energy Security ◽  
Positive Impact ◽  
The European Union ◽  
Technical Regulation ◽  
Member States ◽  
Eurasian Economic Union ◽  
Modern Level ◽  
Energy Consuming ◽  
Economic Union

The Eurasian economic Union has adopted the technical regulation «On energy efficiency requirements for energy-consuming devices» (TR EEU 048/2019), which is applied to widely used energy-consuming devices that have a significant share in the energy consumption balance and produce a significant impact on the energy security of the EEU member States. In TR EEU 048/2019 updated quantitative requirements to energy consuming devices, with new, additional requirements for energy efficiency, corresponding to modern level of the development of energy-saving technologies, and harmonization gradually introduced requirements on energy efficiency of energy consuming devices installed in a TR EEU 048/2019, with the requirements of the directives and regulations of the European Union, suggests that energy efficiency in energy-consuming products manufactured in the member States of the Eurasian economic Union, will steadily increase and it should have a positive impact on the competitiveness of energy-consuming goods produced in the territory of the Eurasian economic Union. The introduction of the EAEU TR 048/2019 is an urgent solution for ensuring energy security of the economies and the energies of the member States of the Eurasian economic Union and will promote the promotion of competitive energy-consuming products produced on the territory of the countries of the Eurasian economic Union to the international market and will allow the population to save money on acquisitions of energy efficient energy consuming devices.

The role of standardization as a key Tool of Quality Economics in the development of integration of the Eurasian Economic Union

2019 ◽  
pp. 14-19
Author(s):  
V. V. Okrepilov ◽  
A. G. Gridasov
Keyword(s):  
Economic Integration ◽  
Legal Framework ◽  
Regulatory Framework ◽  
International Standards ◽  
Member States ◽  
Scientific Methods ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Economic Union

The presented study examines the experience of forming a regulatory framework for the integration of the Eurasian Economic Union (EAEU) member states through the example of standardization as one of the key tools of quality economics.Aim. The study analyzes the major solutions of the EAEU authorities and member countries aimed at increasing the role of standardization in the economic integration of the Union over five years of its existence.Tasks. The authors identify efficient methods for developing standardization for the integration of the EAEU states as well as the most problematic aspects in this field that need to be taken into account in the qualitative strengthening of the Union’s economy.Methods. This study uses general scientific methods of cognition to examine the activities of the EAEU authorities and member states aimed at creating a system for the economic integration of the Union during a period of its transition from separate national markets towards a single (common) market.Results. Over five years of operation in the field of stadardization, the Eurasian Economic Union has created the necessary organizational and legal framework to ensure the successful development of integration processes. The national legislation on standardization has been modernized with allowance for the harmonization of these laws. In the next five-six years, the development of international standards for 40 technical regulations is expected to be completed, which would create a regulatory framework for unhindered interaction between all participants of the single (common) EAEU market. Conclusions. The analysis of activities in the field of standardization reveals a sufficiently thought-out and coordinated policy of the EAEU states in creating the necessary conditions for overcoming legal and administrative barriers in the movement of goods and services within the common economic space of the EAEU.

scholarly journals Nothern European Lessons for Eurasian Integration

2021 ◽  
Vol 1 (1) ◽  
pp. 79-91
Author(s):  
L. S. Voronkov
Keyword(s):  
European Union ◽  
Regional Integration ◽  
Nordic Countries ◽  
The Other ◽  
Northern Europe ◽  
The European Union ◽  
Economic Relations ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Eu

The paper is dedicated to the differences between the classical instruments for regulating interstate political and trade-economic relations from those used in the development of regional integration processes. Traditionally, the Eurasian Economic Union is compared with the European Union, considering the EU as a close example to follow in the development of integration processes. At the same time, there exist the other models of integration. The author proposes to pay attention to the other models of integration and based on the analysis of documents, reveals the experience of Northern Europe, which demonstrates effective cooperation without infringing on the sovereignty of the participants. The author examines the features of the integration experience of the Nordic countries in relation to the possibility of using its elements in the modern integration practice of the Eurasian Economic Union.

INTERNATIONAL LEGAL FRAMEWORK FOR THE FUNCTIONING OF MECHANISMS FOR RESOLVING TRADE DISPUTES IN THE CONTEXT OF THE EURASIAN ECONOMIC UNION

2021 ◽  
Vol 4 (5) ◽  
pp. 139-151
Author(s):  
K. I. ZHADAN ◽  
Keyword(s):  
Dispute Resolution ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Legal Framework ◽  
Trade Disputes ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic

The article examines an international legal framework of the dispute resolution under free trade agree-ments. The existing mechanisms for resolving trade disputes are analyzed and their classification is given. The article demonstrates an evolutionary change of the approach of States to the formulation of provisions on dispute settlement in international trade treaties. Special attention is paid to the systems of dispute resolution under free trade agreements to which the Eurasian Economic Union is a party. The free trade agreements of the Eurasian Economic Union and its member States with the Socialist Republic of Vietnam (2015), the Islamic Republic of Iran (2018), the Republic of Singapore (2019) and the Republic of Serbia (2019) are compared with respect to the dispute resolution mechanisms. The article focuses on such institutional aspects as the method of appointing arbitrators, the scope of interstate disputes and the competition of dispute resolution platforms. The effectiveness of the dispute resolution systems of the World Trade Organization and special-ized mechanisms under the free trade agreements of the Eurasian Economic Union and its member States is evaluated. The negative and positive aspects of the existing mechanisms under the free trade agreements of the Eurasian Economic Union and its member States are highlighted, and the ways of their development are proposed.

scholarly journals On Legal Possibilities of Limiting Labor Migration within the Eurasian Economic Union: from Theory to Practice in Conditions of the COVID-19 Pandemic

2021 ◽  
Vol 1 (2) ◽  
pp. 77-85
Author(s):  
Dmitry V. Ivanov ◽  
Maria M. Levina
Keyword(s):  
Labor Market ◽  
Labor Migration ◽  
Union Member ◽  
Member States ◽  
Efficient Operation ◽  
National Legislation ◽  
Eurasian Economic Union ◽  
Coronavirus Infection ◽  
The Common ◽  
Economic Union

The article is focused on the study of the legal possibilities of restricting labor migration flows within the framework of the Eurasian Economic Union (hereinafter – the EAEU, the Union). Taking into account the fact that the deepening of the economic integration between the EAEU’s member states (Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia) also largely depends on the efficient operation of the common labor market, it is especially relevant to ensure that legislative measures aimed at overcoming the negative consequences of the spread of a new coronavirus infection (COVID-19) fully correspond to the legal conditions for its development. The analysis carried out by the authors is based on a two-level system of studying the relevant legal norms – the level of international treaties and acts that constitute the law of the EAEU, and the level of national legislation of the Union member states. Although Section XXVI of the Treaty on the EAEU secures the freedom of movement of labor in the Eurasian space, the norms of this agreement, however, provide for the possibility of introducing certain restrictions on admission to the common labor market of citizens of the Union member states. In view of the fact that the relevant provisions of the EAEU law were widely tested in practice in 2020, the authors consider them through the prism of those anti-crisis and stabilization measures that have been taken by the states in connection with the threat of further spread of the new infection. At the same time, the imposed restrictions are to be examined in this work with the use of a comparative method of analysis: to what extent the regulation of the legal status of citizens of the Union member states in the territories of the host state has been changed in the national legislation of the Union countries. In the final part of the present article, the authors assess the legal compliance of the taken measures with the statutory goals of the EAEU, as well as review the current problems in the further development of an agreed and effective system for regulating migration processes, given the actions of states to prevent the spread of coronavirus infection.

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 International Legal Features of the Constitutional Rights Implementation of the EAEU Member States Citizens in the Field of Pensions

2021 ◽  
Vol 15 (3) ◽  
pp. 66-76
Author(s):  
Yu. V. Mishalchenko ◽  
L. A. Platonova ◽  
A. V. Toropygin
Keyword(s):  
Comparative Analysis ◽  
Union Member ◽  
Social Protection ◽  
Constitutional Rights ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union

This article considers the pension provision of workers of the Eurasian Economic Union member states based on an analysis of the EAEU legislation and a comparative analysis of the domestic pension legislation of the EAEU member states in order to identify the features of their citizens’ social protection in the event of disability. The article discusses the procedure for organizing pensions provision with the application of an Agreement on Pension Provisions for Workers of the EAEU member states of 20 December 2019.

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