scholarly journals Acts of the Eurasian Economic Commission as a source of law EAEC

2016 ◽  
Vol 3 (3) ◽  
pp. 73-76
Author(s):  
O Y Bakaeva
Keyword(s):  
Impact Assessment ◽  
Public Debate ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Regulatory Impact ◽  
The Status ◽  
Economic Union ◽  
Regulatory Impact Assessment

The article defines the place of the Eurasian Economic Commission on the system of supranational bodies of the Eurasian Economic Union, designated its structure. We analyze the procedure for the adoption of decisions of the Eurasian Economic Com- mission, acting as the source of the EAEC law. Particular attention is paid to the mechanism of public debate and regulatory impact assessment when making such decisions. It draws conclusions about the advisability of strengthening the status of the Commission.

REGULATORY IMPACT ASSESSMENT IN THE AREA OF THE EURASIAN ECONOMIC UNION: PECULIARITIES OF FORMATION AND CURRENT STATUS

2021 ◽  
pp. 118-131
Author(s):  
Iryna RUSAK ◽  
◽  
Alexander NOVIKOV ◽  
Sergey NOVIKOV ◽  
◽  
...  
Keyword(s):  
Impact Assessment ◽  
Main Tool ◽  
Legal Framework ◽  
Uneven Development ◽  
Current Status ◽  
Eurasian Economic Union ◽  
Regulatory Impact ◽  
Regulatory Measures ◽  
Economic Union ◽  
Regulatory Impact Assessment

This article examines the process of formation of the regulatory impact assessment as a main tool of regulatory policy in the area of the Eurasian Economic Union. The influence of the taken regulatory measures on the activity of the entities is identified. The reasons for the necessity to develop regulatory impact assessment as a legal institution are described, its advantages are determined, the peculiarities of the development of this institution are studied. Legal framework that serves as a basis for assessment functioning is examined. The reasons for uneven development of the institution of assessment in the Eurasian area are understood, typical country peculiarities are given. On the basis of the conducted analysis suggestions for the improvement of the mechanism of the regulatory impact assessment are generated and its development perspectives are identified.

«Soft law» in the law of the Eurasian Ec onomic Union: place and possibility of challenging

2020 ◽  
Vol 9 ◽  
pp. 35-42
Author(s):  
P.P. Myslivsky ◽  
◽  
I.N. Shchurova
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Binding Force ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Law

In international law, there are sources that do not formally have binding force, but may indicate the emergence of the opinio juris of states, as well as emerging practice. The Eurasian Economic Union also issues acts that are not formally binding: they are adopted by the Eurasian Economic Commission in the form of recommendations. In addition, the Union takes into account the recommendatory acts of other international organizations. At present, the practice of the EAEU Court indicates that this body takes into account “soft law” in the course of argumentation, but proceeds from the impossibility of challenging acts that are recommendations of the EEC. The authors give ways to establish the possibility of challenging the EEC recommendations in the EAEU Court.

scholarly journals The Belt and Road Initiative and the Eurasian Economic Union: Exploring the “Greater Eurasian Partnership”

2020 ◽  
Vol 49 (1) ◽  
pp. 33-57
Author(s):  
Gaziza Shakhanova ◽  
Jeremy Garlick
Keyword(s):  
Central Asia ◽  
Belt And Road Initiative ◽  
Local Elites ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Silk Road Economic Belt ◽  
Belt And Road ◽  
Economic Union ◽  
The Belt And Road ◽  
The Silk Road

The Russian-led Eurasian Economic Union (EAEU) is a key partner in China’s Belt, and Road Initiative (BRI), since it comprises the majority of territories which the BRI’s overland route, the Silk Road Economic Belt, needs to traverse as it crosses Central Asia on the way to Europe. The goal of this article is to explore the BRI in the context of BRI–EAEU coordination. The first part of the analysis focusses on the ways the Eurasian Economic Commission delineates the “Greater Eurasian Partnership” and counterposes it against China and the BRI. Then, the article compares two sets of interpretations of the BRI and “Greater Eurasian Partnership” obtained from interviews with elites in Kazakhstan and Russia. The interviews indicate that the BRI has had a much more forceful impact on local elites than Russia’s idea of “Greater Eurasian Partnership.”

Towards an Enhanced Institutional Structure of the Eurasian Economic Union

2020 ◽  
Vol 152 ◽  
pp. 102-111
Author(s):  
Igor V. Pilipenko ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Institutional Structure ◽  
Governance Structures ◽  
The European Union ◽  
Integration Process ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Eu

This article considers how to enhance the institutional structure of the Eurasian Economic Union (EAEU) in order to enable timely decision-making and implementation of governance decisions in the interests of Eurasian integration deepening. We compare the governance structures of the EAEU and the European Union (EU) using the author’s technique and through the lens of theories of neofunctionalism and intergovernmentalism elaborated with respect to the EU. We propose to determine a major driver of the integration process at this stage (the College of the Eurasian Economic Commission or the EAEU member states), to reduce the number of decision-making bodies within the current institutional structure of the EAEU, and to divide clearly authority and competence of remaining bodies to exclude legal controversies in the EAEU.

scholarly journals Regulatory Impact Assessment in Post-Soviet Countries: Results, Problems and Prospects

2018 ◽  
Vol 8 (2) ◽  
pp. 84-93
Author(s):  
I.  D. Turgel ◽  
A.  Zh. Panzabekova
Keyword(s):  
Impact Assessment ◽  
State Regulation ◽  
Regulatory Impact ◽  
Government Interference ◽  
The Subject ◽  
Soviet Space ◽  
Alternative Solutions ◽  
Regulatory Impact Assessment

The subject of research is the institute of regulatory impact assessment, implemented in the sphere of state regulation of economy in post-Soviet countries. The research aims to analyze the main approaches to the implementation of the regulatory impact assessment in the post-Soviet countries — Russia, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Uzbekistan, as well as to determine the prospects of development of this institute in the countries included in the analyzed set. Using the methodology of comparative research, the study collates the concept content of “regulatory impact assessment” in some of the post-soviet countries, the structure of the objects of assessment and government levels, at which it is performed. The research analyzes the methodological framework of the regulatory impact assessment and models of the organization of monitoring and quality control of regulatory impact assessment in the countries from the analyzed set. The paper characterizes the role of the regulatory impact assessment in the system of state regulation of economy in the countries of post-Soviet space, identifies the general and specific features in the functioning of the mechanisms of regulatory impact assessment in the analyzed countries, describes the problems of assessment in the activities of state authorities and local selfgovernment, and substantiates the development prospects of the institute of the regulatory impact assessment. The research provides findings on the need for improving the quality of the existing methodological support of the regulatory impact assessment, the lack of methodical approaches to evaluating the effectiveness of this institution, the risks of formalizing procedures of the regulatory impact assessment, and the feasibility of the regulatory impact assessment “integration” in the national strategy to encourage business and economic growth. Moreover, the paper notes that at the present stage of the development of the regulatory impact assessment institute little attention is paid to finding alternative solutions which require government interference in the economy. 

scholarly journals Kajian Karakteristik Bentuk dan Isi Perda Tentang Bendega

2018 ◽  
Vol 7 (3) ◽  
pp. 375
Author(s):  
Renhat Marlianus Siki
Keyword(s):  
Impact Assessment ◽  
Indigenous Peoples ◽  
Coastal Region ◽  
City Government ◽  
Religious Institutions ◽  
Scientific Review ◽  
Traditional Institution ◽  
Regulatory Impact ◽  
Traditional Institutions ◽  
Regulatory Impact Assessment

Bendega is a traditional institution in the field of maritime and fisheries on indigenous peoples in Bali in the coastal region, economic, social, cultural and religious that has historically continued to grow, evolving in accordance with the culture, and also the local wisdom of Bali. Bendega is one of three traditional institutions in Bali, namely, Desa Adat, Subak and Bendega. This purpose of this study to understand and interpret the characters of the form and character of the contents of the Bali Regional Regulation 11/2017 which are based on formal and material principles, and study settings using the method of thinking Regulatory Impact Assessment. This research used a normative research method. The results showed that the formation of the Bali Regulation 11/2017 was based on philosophical, sociological and juridical considerations. The establishment of the Bali Regulation 11/2017 is based on attribution authority and delegation. The content character of the Bali Regulation 11/20 is discretionary, in the sense of giving the Governor and the Regency / City Government the freedom of space. Bali Regional Regulation 11/2017 has addressed the character of responsiveness to pluralism in the legal order that applies in areas that have certainty and fulfill people's desires. The certainty of the rules of traditional socio-cultural and religious institutions in the field of fisheries which are part of the culture of traditional Balinese society. Furthermore, it is hoped that there will be a further scientific review of the Bali Provincial Regulations that have been stipulated in the Regional Gazette Bendega adalah lembaga tradisional di bidang kelautan dan perikanan pada masyarakat adat di Bali yang ada di wilayah pesisir, bersifat ekonomi, sosial, budaya dan religius yang secara historis terus tumbuh, berkembang sesuai dengan budaya dan kearifan lokal Bali. Bendega merupakan salah satu dari tiga lembaga tradisonal yang ada di Bali, yaitu, Desa Adat, Subak dan Bendega. Tujuan penelitian adalah memahami dan menginterpretasi karakter bentuk dan karakter isi Perda Bali 11/2017 yang berlandaskan pada asas formil dan materil, dan kajian pengaturan dengan menggunakan logika berpikir Regulatory Impact Assessment. Jenis penelitian ini adalah penelitian hukum normatif. Hasil penelitian menunjukan bahwa pembentukan Perda Bali 11/2017 adalah berdasarkan pertimbangan filosofis, sosiologis, dan yuridis. Pembentukan Perda Bali 11/2017 didasari pada kewenangan atribusi dan delegasi. Karakter isi Perda Bali 11/20 bersifat diskresioner, dalam pengertian memberikan ruang kebebasan kepada Gubernur dan Pemerintah Kabupaten/ Kota. Perda Bali 11/2017 telah menujukan karakter responsifitas terhadap kemajemukan tatanan hukum yang berlaku di daerah yang memiliki nilai kepastian dan memenuhi keinginan masyarakat. Kepastian aturan lembaga tradisional yang bersifat sosial budaya dan religius di bidang perikanan yang merupakan bagian dari budaya masyakat tradisional Bali. Untuk selanjutnya diharapkan adanya pengkajian ilmiah lebih lanjut tentang Perda-Perda Provinsi Bali yang telah ditetapkan dalam lembaran Daerah.

scholarly journals REGIONAL PRACTICE OF REGULATORY IMPACT ASSESSMENT

2017 ◽  
Vol 3 (6) ◽  
pp. 24-30
Author(s):  
Владимир Чураков ◽  
Vladimir Churakov
Keyword(s):  
Impact Assessment ◽  
Regulatory Impact ◽  
Regulatory Impact Assessment
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