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 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 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.

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 Tools for the Promotion of International Trade in the Eurasian Economic Union Member States: the Case of Kyrgyzstan

2018 ◽  
Vol 22 (6) ◽  
pp. 157-162
Author(s):  
K. A. Azhekbarova ◽  
A. V. Bondarenko ◽  
A. Y. Kozhankov
Keyword(s):  
International Trade ◽  
Union Member ◽  
International Standards ◽  
Kyrgyz Republic ◽  
United Nations Economic Commission ◽  
Member States ◽  
Training Centre ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Government

The article presents the results of the United Nations Economic Commission for Europe project in Kyrgyzstan: “Reinforcement of national capacity of the trade-support institutions”. Based on these results, the further actions on international trade promotion have been proposed. One of them is a capacity building of state bodies and business in the area of international standards and best practices. It is important to increase the availability of information on the rules and requirements of the government regulation of external economic activity, both within the country and in the partner countries. It is required to provide systematic work with state bodies and businesses in all regions of the Kyrgyz Republic. For this, a permanent Regional Training Centre must be created. The Ryskulbekov Kyrgyz Economic University will become the base for this centre. In close cooperation with the leading universities of the Eurasian Economic Union member states and the countries of Central Asia, it is advisable to expand the region the training centre activity. It is also necessary to envisage the possibility to organise a network model of training programs of the training centre in all countries of the region.

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 The support base of integration processes in the Eurasian Economic Union

2019 ◽  
Vol 19 (4) ◽  
pp. 639-650
Author(s):  
G I Osadchaya
Keyword(s):  
Social Support ◽  
Member State ◽  
Functional Integration ◽  
Social Solidarity ◽  
Member States ◽  
State Population ◽  
Eurasian Economic Union ◽  
The Social ◽  
Economic Union ◽  
Sociological Studies

This article focuses on the conceptualization of the support base of the Eurasian Economic Union (EEU) as an indicator of solidarity, unity of the member-state population around the integration concept and condition for the EEU successful development, and also stresses the importance of social-humanitarian aspects in the construction of the EEU. Based on the results of sociological studies (1), the article identifies the dynamics of the social support of integration processes by the member-state population in 2014-2018, and notes its decrease in the majority of member-states, differentiation in integration moods by age, and factors responsible for the decrease of the EEU’s support base. The author considers main directions, practices and instruments to enhance the social support for integration, and emphasizes that the concept of solidarity is interconnected with the ideas of social stability and justice. The author refers to the works of contemporary Russian and foreign scholars who developed the methodological grounds for promoting solidarity, and identifies ways to extend the EEU’s support base. The article shows that the resource of social solidarity, unity and structural-functional integration of the EEU is in the everyday efforts to strengthen it together with the economic efficiency, and this resource can be ensured by the political and civil discourse of the member states in the field of social-humanitarian cooperation. The development of the support base for integration processes includes such practices and resources that ensure interiorization of symbols, norms, values, and solidarity of the peoples and elites of the Eurasian Economic Union.

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