scholarly journals International legal framework for energy cooperation between the member states of the Eurasian Economic Union

2020 ◽  
Vol 16 (1) ◽  
pp. 28-35
Author(s):  
O. V. Glikman ◽  
A. U. Nazarova
Keyword(s):  
Energy Sector ◽  
Energy Markets ◽  
International Treaties ◽  
Member States ◽  
National Legislation ◽  
Energy Cooperation ◽  
Eurasian Economic Union ◽  
Legal Nature ◽  
Economic Union ◽  
Energy Law

Introduction. Energy cooperation of the member states of the Eurasian Economic Union plays a crucial role in the framework of the Eurasian economic integration. The EAEU members set as their goal the creation of common energy markets of the Union by 2025.The legal doctrine comprises different opinions regarding the legal nature of the EAEU and the EAEU law, which is important for the analysis of international legal aspects of the cooperation of the EAEU members in the energy sector, as well as for the formation of the EAEU energy law.The article analyzes the energy provisions of the Treaty on the Eurasian Economic Union, the role of national legislation and bilateral international treaties of the EAEU members in the energy sector.Materials and methods. The EAEU legal acts, previous acts of the EurAsEC, the existing bilateral international treaties of the EAEU members in the energy sector, the works of prominent authors affecting Eurasian integration have been used. The research methodology was based on the following theoretical methods of cognition: analysis, synthesis, induction, deduction, analogy, as well as special methods of cognition of legal phenomena and processes: comparative legal and formal legal.Results. The study summarizes the legal acts of the EAEU in the field of energy of various legal nature, highlights the gaps and weaknesses of the energy provisions of the Treaty on the Eurasian Economic Union, identifies differences in the approaches of the EAEU and EurAsEC, analyzes the provisions of the Treaty regarding national legislation and bilateral international treaties of the EAEU members in the field of energy.Discussion and conclusions. The acts of the EAEU law in the field of energy are considered as the EAEU energy law which, as well as the European Union energy law, is a part of the international energy law.The identified gaps and weaknesses in the energy provisions of the Treaty on the Eurasian Economic Union can be used to improve the EAEU energy law.Despite the development of multilateral regulation of energy cooperation through the EAEU legal acts aimed at the formation of common EAEU energy markets the national legislation of the EAEU members remains important in the field of energy and a lot of work will be required to harmonize and unify it. In addition the bilateral international treaties of the EAEU members governing energy cooperation are of great importance.

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.

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 Implementation of the law of the Eurasian Economic Union in national criminal law

2019 ◽  
Vol 135 ◽  
pp. 04065
Author(s):  
Valery Lapshin ◽  
Nadezhda Kuznetsova
Keyword(s):  
Criminal Law ◽  
Economic Security ◽  
Member States ◽  
National Legislation ◽  
Economic Relations ◽  
Eurasian Economic Union ◽  
Political Interests ◽  
Soviet Space ◽  
Economic Union ◽  
Post Soviet Space

Currently, one can observe the process of active economic integration and cooperation, in the post-Soviet space. This is possible due to mutual economic and political interests, ensuring the protection of the interests of national producers, and obtaining competitive advantages of domestic goods in comparison with similar products of Western European and Asian manufacturers. The solution to all these problems is facilitated by the creation of a single international organization of the post-Soviet space the Eurasian Economic Union (EAEU), the territory of its member states already constitutes a single customs space. Activities of the EAEU are associated with the adoption of a significant number of regulatory international legal acts. Implementation of these acts will be satisfactory only if the EAEU member states properly implement it in the national legislation. At present, several types of implementation of international law provisions in the national legislation of a particular country are distinguished in legislative activity: reception, transformation, referral, incorporation, ratification. Law enforcement practice also deserves special attention, including decisions of international courts binding in a single state. As a result of the study, the most preferred forms of implementation of the EAEU regulatory acts into the national law systems of its participants: Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia, were established. In addition, it was concluded that it is necessary to unify provisions of the criminal law of the listed states in terms of establishing liability for customs offenses. This decision will positively affect protection of both the interests of individual participants in economic relations and the economic security of each union state.

scholarly journals Nuclear energy: Russia’s international treaties with other EEU members

2021 ◽  
Vol 118 ◽  
pp. 03022
Author(s):  
Olga Vladimirovna Glikman ◽  
Aziza Ulugbekovna Nazarova ◽  
Alina Valeryevna Filippova ◽  
Ekaterina Gennadyevna Minenkova
Keyword(s):  
Nuclear Power ◽  
Nuclear Energy ◽  
Legal Regulation ◽  
Energy Sector ◽  
Special Role ◽  
Legal Analysis ◽  
International Treaties ◽  
Eurasian Economic Union ◽  
General Scientific ◽  
Economic Union

The purpose of the study is to identify trends and compare the scope of multilateral and bilateral international legal regulation of relations between Russia and other Eurasian Economic Union members in the field of peaceful use of nuclear power (energy). The methodological basis of the research consists of general scientific and special legal methods. The application of these methods made it possible to subject the current national legislation in the field of nuclear energy to in-depth comparative legal analysis and to identify the prospects for its modernization. The result of the study was the absence of special provisions in the Treaty on the Eurasian Economic Union aimed at integration in the nuclear energy sector and the formation of a common nuclear energy market of the Eurasian Economic Union. The study’s novelty lies in the authors’ approach to the allocation and comparison of the scope and subject matter of existing international treaties of Russia with other Eurasian Economic Union members, regulating cooperation in the peaceful use of nuclear energy, which are not included in the Eurasian Economic Union law. According to the authors, despite the prospects and trends of forming the Eurasian Economic Union nuclear law noted by experts, Russia’s bilateral international agreements with other Eurasian Economic Union members will continue to play a special role in regulating relations in the nuclear energy sector.

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 The Court of the Eurasian Economic Union: Challenges of Functioning

2019 ◽  
Vol 14 (1) ◽  
pp. 57-75
Author(s):  
Zholymbet Baishev
Keyword(s):  
Legal Framework ◽  
Transportation Policy ◽  
Internal Market ◽  
Customs Union ◽  
International Treaties ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Right ◽  
Advisory Opinions

The Court of Eurasian Economic Union is envisaged by the Treaty on EAEC (Eurasian Economic Community) as one of the bodies of the Union. Its principal aim is to ensure uniform application of the Treaty and compliance of the agreements adopted by the Union member states as well as acts of the Union bodies with the Treaty.All member states, bodies of the Union and, in certain cases, economic entities has the right of appeal to the Court. The Court is empowered to adjudicate cases of disputes arisen within the framework of the Union as well as to issue advisory opinions. Court decisions are binding while advisory opinions are of suggestive nature. When hearing cases, the Court applies the Treaty on EAEC, international treaties of the states concluded within the framework of the Union and norms of international law.Established in 2015, the Court of EAEC appeared to be in demand among the states, economic entities and bodies of EAEC. The analysis of the activities of the Court and its legal framework enabled to identify a number of outstanding issues related to the status and organization of the activities of the Court. Thus, the competence of the Court as stipulated by the Statute does not reflect the power (as stipulated by the Treaty) of the Highest Eurasian Economic Union to appeal to the Court with a request. The limits of competence of the Court are not clearly and sufficiently denoted, the fact that might serve grounds for the unwarranted expansion thereof. The procedure for initiation of issuance of advisory opinions and termination of proceedings in such cases is not sufficiently regulated. There is no clarity as to the legitimacy of the collective dissenting opinions of judges.The analysis of the Court practice shows that in broad terms it fulfills its mandate. The decisions adopted by it enabled to elaborate critical legal positions and clarify many practical issues in such areas as functioning of the Customs Union and internal market of the Union, general principles and rules of competition, protective measures for internal market and transportation policy.

scholarly journals The Legal Nature and Application of Commercial Concession and Franchising in the Eurasian Economic Union Member States

2021 ◽  
Vol 16 (10) ◽  
pp. 93-100
Author(s):  
K. K. Dzhindzholiya
Keyword(s):  
Union Member ◽  
Business Organization ◽  
Member States ◽  
Eurasian Economic Union ◽  
Foreign Countries ◽  
Legal Nature ◽  
The Russian Federation ◽  
Economic Union ◽  
The Right ◽  
A Company

Every year, participants of the economic activity in the member states of the Eurasian Economic Union, including Russian entrepreneurs, increasingly use franchise relations to conduct their activities. It seems that in the legislation of foreign countries, franchising acts as an analogue of a commercial concession agreement in Russia. This model can be simplified as one of the ways for a company that has unconditional success in a certain area, and a recognizable, well-known trademark to provide other entrepreneurs with the right to conduct business under the company’s trademark on the terms stipulated under the contract. The paper draws attention to the fact that in Russia a commercial concession is different from an identical agreement in other countries. In this work, the author has determined the legal nature of the commercial concession in the Eurasian Economic Union member states, analyzed some problems of applying the franchising model of business organization in the Russian Federation and abroad, and proposed some changes in the current legislation.

Eurasian Economic Union: A sober look

2016 ◽  
pp. 43-60 ◽  
Author(s):  
E. Vinokurov
Keyword(s):  
The State ◽  
Customs Union ◽  
Macroeconomic Policies ◽  
Member States ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Ongoing Work ◽  
General Rules ◽  
Economic Union ◽  
Trade And Investment

The paper appraises current progress in establishing the Customs Union and the Eurasian Economic Union (EAEU). Although the progress has slowed down after the initial rapid advancement, the Union is better viewed not as an exception from the general rules of regional economic integration but rather as one of the functioning customs unions with its successes and stumbling blocs. The paper reviews the state of Eurasian institutions, the establishment of the single market of goods and services, the situation with mutual trade and investment flows among the member states, the ongoing work on the liquidation/unification of non-tariff barriers, the problems of the efficient coordination of macroeconomic policies, progress towards establishing an EAEU network of free trade areas with partners around the world, the state of the common labor market, and the dynamics of public opinion on Eurasian integration in the five member states.

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