scholarly journals Implementation of acts of the Eurasian Economic Union in Belarusian legislation

Pravovedenie ◽  
2019 ◽  
Vol 63 (3) ◽  
pp. 381-392
Author(s):  
Alena F. Douhan ◽  
Keyword(s):  
International Organizations ◽  
National Level ◽  
Legal Regulation ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
The Status ◽  
Economic Union ◽  
The Republic ◽  
Characteristic Features

Currently, international organizations are increasingly making binding decisions on member states. At the same time, unlike the implementation of international treaties, the mechanism for implementing acts of international organizations is poorly regulated in national law, including the Republic of Belarus. The Eurasian Economic Union (EAEU), established in January 2015, is empowered to adopt obligatory acts, some of which should be directly applied on the territory of EAEU member states. As a result, the traditional mechanisms for the implementation of acts of international organizations at the national level are no longer sufficient and require detailed legal regulation. The article reveals the legal basis for the implementation of acts of the Eurasian Economic Union in Belarus’ legal system. The work examines the status, types and specifics of acts adopted by the EAEU bodies, identifies the characteristic features of the implementation of these acts at the national level and specifies applicable terminology. In particular, special attention is paid to the legality of the use of terms “implementation” and “actualization” concerning the transfer of norms of the EAEU acts to the national legislation of its member states. The article considers the possibility of implementing obligatory acts of international organizations, especially those, which are supposed to be directly applied at the national level. Emphasis is placed on identifying the existence of an obligation to implement obligatory decisions of the EAEU Commission as well as their implementation in the Republic of Belarus. Based on the study, it was demonstrated that the majority of obligatory acts of the EAEU are implemented in Belarus by means of different types of references. The article also identifies the place of the EAEU acts in the hierarchy of legal acts of the Republic of Belarus.

scholarly journals IMPLEMENTATION OF INTERNATIONAL COMMITMENTS UNDERTAKEN MEMBER STATES WITHIN THE FRAMEWORK OF THE EURASIAN ECONOMIC UNION

2017 ◽  
Vol 3 (3) ◽  
pp. 109-118
Author(s):  
Андрей Морозов ◽  
Andrey Morozov
Keyword(s):  
International Organizations ◽  
Structural Method ◽  
Legal Analysis ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Logical Method ◽  
International Obligations ◽  
Economic Union

The article explores the issues related to the fulfillment of international obligations accepted by the member states within the framework of the Eurasian Economic Union, on the basis of an analysis of international legal and domestic legal acts. The purpose of the article is to develop scientifically grounded recommendations and proposals on improving the legal mechanisms for the fulfillment by Member States of international obligations arising from international legal acts operating within the framework of the Eurasian Economic Union. Tasks of the article: analysis of the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014, concerning the application and implementation of decisions adopted by the bodies of the Eurasian Economic Union; an analysis of the regulatory legal acts of the member states of the Eurasian Economic Union affecting the implementation of international obligations arising from international treaties and decisions of international organizations; comparative legal analysis of the provisions of the constitutions of the member states of the Eurasian Economic Union on the place of international treaties in national legal systems; development of proposals on the improvement of legal mechanisms for the implementation of international obligations adopted within the framework of the Eurasian Economic Union. Among the methods used in the preparation of the article, it is necessary to distinguish the dialectical method, the philosophical method, the formal logical method, the system-structural method, the historical method, the formal legal method, the method of interpreting the law, the comparative legal method, the method of expert appraisal, the method Legal modeling and forecasting. In the article, based on the results of the study of international legal acts, legislative and by-laws of the member states of the Eurasian Economic Union, as well as scientific developments, proposals were made to improve the legislation of the Russian Federation in the field of fulfilling international obligations, the source of which are decisions of international organizations, including 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.

Telemedicine in the EAEU countries: reality and prospects

2020 ◽  
pp. 49-69
Author(s):  
I. M. Akulin ◽  
◽  
E. A. Chesnokova ◽  
R. A. Presnyakov ◽  
A. D. Letova ◽  
...  
Keyword(s):  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
National Regulation ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
The Republic ◽  
Development Prospects

This article is devoted to a comprehensive analysis of telemedicine in the countries of the Eurasian Economic Union: its legal regulation, methods of implementation and development prospects. The authors pay attention not only to a comparative legal analysis of telemedicine regulation in the EAEU countries, but also to determining the possibility of creating a general agreement on telemedicine between the Russian Federation, the Republic of Belarus, the Republic of Armenia, the Republic of Kazakhstan and the Kyrgyz Republic. Identifying gaps in the national regulation of telemedicine in these countries, the authors point out the aspects in which it is necessary to harmonize the regulatory framework for telemedicine consulting, and also provide for those provisions that must be necessarily disclosed in the agreement on telemedicine within the EAEU.

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 Issues of tax integration of the member states of the Eurasian Economic Union

2020 ◽  
pp. 204-214
Author(s):  
I. V. Lagkueva
Keyword(s):  
Value Added ◽  
World Market ◽  
Kyrgyz Republic ◽  
Member States ◽  
Excise Taxes ◽  
Eurasian Economic Union ◽  
Indirect Taxes ◽  
Economic Union ◽  
The Republic ◽  
Legislative Changes

The article discusses changes in the national legislation of the states of the Eurasian Economic Union (EAEU): the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic and the Russian Federation. The nature and conditions of the harmonization process are analyzed taking into account legislative changes. The most important indirect taxes (value added tax, excise taxes) in the EAEU member countries are compared.In addition, the state of their tax systems is compared, features, their further unification and restructuring are determined, and their ratio is compared with the provisions of the EAEU Treaty. Despite many years of efforts to harmonize taxes, issues remain that need an interstate settlement. Currently, taxation approaches in the EAEU countries are significantly different, which complicates the integration processes within the framework of the association. Speaking of tax harmonization in the EAEU, it is worth noting significant progress in the harmonization of approaches to indirect taxation. The competitiveness of the participating countries in the world market and the growth of the welfare of the population depend on this. When selling goods between the member states of the Eurasian Economic Union, there is no customs control, customs duties and fees are not levied. The procedure for levying indirect taxes (VAT and excise taxes) for the supply of goods (performing work, rendering services) between the EAEU member states is governed by the provisions of the Treaty on the Eurasian Economic Union, signed in Astana on May 29, 2014 and the provisions of the Protocol on the procedure for levying indirect taxes and the mechanism of control over their payment when exporting and importing goods, performing work, and rendering services, which is Appendix No. 18 to the EAEU Agreement.

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 DIVERSIFICATION OF THE ECONOMIES OF THE EURASIAN ECONOMIC UNION IN THE CONTEXT OF STRUCTURAL POLICY

2018 ◽  
pp. 226-239
Author(s):  
А. MARGARYAN ◽  
A. TERZYAN ◽  
S. SOLODOVNICOV
Keyword(s):  
Economic Policy ◽  
Economic Development ◽  
National Level ◽  
Value Added ◽  
Innovative Development ◽  
Structural Policy ◽  
Member States ◽  
Eurasian Economic Union ◽  
Index 2 ◽  
Economic Union

The study of the situation not only in the global, but also in the national level suggests that there is no other way to implement sound and independent economic policy aimed to achieve balanced economic development based on innovation without assuring competition. In the present research is described only one side of competition – diversification of the economics in Eurasian economic union. Two questions are being discussed: 1) what will the diversification be like in the member states if the value added of sectors of economy is taken for a basis in a calculation of Ogive index, 2) what differences are available when these two (by employment and value added) ways of Ogive index calculations are compared. The results of the calculations for all member states of the union are provided some conclusions which are important not only in national, but also on the union level in the path of competitive and innovative development.

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 Assessment of the innovative potential of agriculture of the member states of the Eurasian Economic Union

2020 ◽  
Vol 176 ◽  
pp. 05002
Author(s):  
Dmitry Morkovkin ◽  
Iryna Hutarava ◽  
Elizaveta Ogloblina ◽  
Arthur Gibadullin ◽  
Svetlana Kharchenko
Keyword(s):  
Russian Federation ◽  
Agricultural Products ◽  
Innovative Development ◽  
Member States ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
Innovative Potential ◽  
The Republic ◽  
Strategic Perspective

The study is devoted to assessing the innovative potential of agriculture of the member states of the Eurasian Economic Union. As part of the work, it was revealed that the Member States of the Union were united in order to ensure sustainable development in the current and strategic perspective. The analyzed agricultural indicators led to the conclusion that the Russian Federation is the absolute leader in terms of gross output and distribution of agricultural products, the Republic of Kazakhstan occupies the second place, and the Republic of Belarus in third place. At the same time, the specific indicator reflecting the collection and production of agricultural products per capita, which indicates the innovative development of agriculture, was analyzed in the work, as a result, it was revealed that the Russian Federation ranks last in terms of certain indicators. In this connection, mechanisms were proposed in the work aimed at increasing the innovative development of agriculture in the member states of the Eurasian Economic Union.

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