ABOUT SOME CHANGES AND ADDITIONS TO ANTIMONOPOLY LEGISLATION (BY THE EXAMPLE OF THE REPUBLIC OF BELARUS)

2020 ◽  
Author(s):  
O.V. Sinyak
Keyword(s):  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law ◽  
The Republic

The main changes and additions in connection with the entry into force of the new version of the Law are considered. The purpose of the new edition of the Law is to improve the norms of antimonopoly laws, taking into account the practice of its application, bringing them into line with international legal acts that make up the law of the Eurasian Economic Union

COLLISIONS BETWEEN THE LEGAL ACTS OF EURASIAN ECONOMIC UNION AUTHORITIES AND THE LEGAL ACTS OF THE REPUBLIC OF ARMENIA AND THEIR SETTLEMENT BY THE COURTS OF THE REPUBLIC OF ARMENIA

2021 ◽  
pp. 11-19
Author(s):  
A. S. Ghambaryan ◽  
Keyword(s):  
Constitutional Court ◽  
International Treaties ◽  
Positive Law ◽  
Legal Fiction ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law ◽  
The Republic ◽  
Article 5 ◽  
Collision Rule

For a comprehensive study of collisions between the legal acts of the EEU authorities and legal acts of the Republic of Armenia, as well as the issues of their settlement by the RA courts, the author analyzes the regulations for the direct application of legal acts of the EEU authorities in the territory of the Republic of Armenia. There are no collision norms in the legislation of the Republic of Armenia, resolving the contradictions between the legal acts of the EEU bodies and the legal acts of the RA authorities (except the Constitution of the Republic of Armenia). The paper analyzes the positions of the Constitutional Court and Administrative Court of the Republic of Armenia on these issues. Before enshrining the collision norms in legislation, the author suggests the Armenian courts select one of the following options for resolving the issue. Option one: the court enshrines an independent lex superior collision rule in its judicial act, according to which the legal acts of the EEU authorities have the priority over those of the RA bodies, therefore in the case of such a contradiction, the legal acts of the EEU authorities are applied. The main disadvantage of this option is that there is difficulty in substantiating the validity (legitimacy) source of the collision rule established by the court. Option two: the legal characteristics of the EEU authorities’ acts are being equated with international treaties in a judicial act by legal fiction. Option three: the court states that there is a gap in the RA positive law concerning the settlement of contradictions between the legal acts of the EEU authorities and the legal acts of the Republic of Armenia, as neither Article 6 of the Constitution of the Republic of Armenia, nor the decision of the Constitutional Court No. ՍԴՈ-1175 and the Law of the Republic of Armenia “Concerning Normative Legal Acts” envisage the hierarchy and collision norm for the legal acts of the EEU authorities and those of the bodies of the Republic of Armenia. Subsequently, guided by Article 39 of the Law “Concerning Normative Legal Acts” (application of legal analogy) and resolving a conflict between the legal acts of the EEU authorities and the legal acts of the Republic of Armenia, part 3 of Article 5 of the RA Constitution should be analogically applied.

REPUBLIC OF UZBEKISTAN AND THE EURASIAN ECONOMIC UNION: INTEGRATION OPPORTUNITIES

2020 ◽  
Vol 9 (3) ◽  
pp. 87-99
Author(s):  
Nabi Ziyadullayev ◽  
◽  
Ulugbek Ziyadullayev ◽  
Keyword(s):  
International Trade ◽  
Foreign Trade ◽  
Central Asia ◽  
National Economy ◽  
Effective Interaction ◽  
Regional Powers ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic ◽  
Cis Countries

The article reveals the features of the international trade, economic and integration priorities of the Republic of Uzbekistan. The conceptual approaches to joining the WTO, diversification of the geography and structure of foreign trade, as well as the expansion of foreign economic cooperation with world and regional powers, the CIS countries and Central Asia are substantiated. Particular attention is paid to risks and building vectors for effective interaction with the Eurasian Economic Union (EAEU), as well as mitigating the effects of the coronavirus pandemic on the national economy.

«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 development of competitive forms of agricultural entrepreneuship in Kirgizia in conditions of integration

2018 ◽  
pp. 208-214
Author(s):  
L. A. Mardalieva ◽  
N. K. Abdildaeva
Keyword(s):  
Economic Potential ◽  
Economic Management ◽  
Agrarian Sector ◽  
Eurasian Economic Union ◽  
Commodity Production ◽  
Economic Union ◽  
The Republic ◽  
Peasant Family ◽  
Agricultural Entrepreneurship ◽  
Stimulation Of

The article analyzes the development of agriculture in the Republic of Kirgizia and output of products by categories of entrepreneur structures. During the research the authors found out that reforms in agriculture caused serious changes in structure and forms of agricultural entrepreneurship, which can be seen in the fact of the primary settingup and developing the small-peasant family form. The reasons for the development of small-peasant forms of entrepreneurship were shown and it affects negatively the use of economic potential in industry. It was revealed that in agriculture of the Republic organizational forms of agricultural units were: joint stock companies, production cooperatives. It was grounded that insufficient development of big commodity production was caused by week stimulation of this form of entrepreneurship. On the basis of comparative analysis of entrepreneurial structure in the industry of Eurasian Economic Union country-members the authors identified the lines in shaping competitive forms of agricultural entrepreneurship in Kirgizia in conditions of integration. They proposed measures aimed at development of agricultural cooperation and setting-up competitive forms of economic management, which could promote transformation of the agrarian sector of the country within the frames of the Eurasian Economic Union.

scholarly journals Russian intellectual immunities under the Eurasian Economic Union

2019 ◽  
pp. 22-27
Author(s):  
E. A. Kuznetsova ◽  
M. Yu. Kot
Keyword(s):  
Intellectual Property ◽  
Russian Market ◽  
Eurasian Economic Union ◽  
Antitrust Laws ◽  
Assessment Techniques ◽  
Economic Union ◽  
The Law ◽  
Antitrust Regulation

The problem of the abolishment of “intellectual immunities” has remained relevant for many years. According to Russia’s Federal Antimonopoly Service, the lack of antitrust control over the disposal of exclusive rights makes the Russian market vulnerable before foreign holders of intellectual rights. In fact, the regulator is entitled to impose antitrust restrictions on exclusive rights. This power is expressly stipulated by the Treaty on the Eurasian Economic Union, which still provides for “intellectual immunities” for foreign holders of intellectual rights. Therefore, the removal of these immunities from the law is a prerequisite for improvement of the antitrust regulation, which must be followed by systemic modification of the antitrust laws, in the first place, by expansion of competition assessment techniques in the field of intellectual property and by setting boundaries in respect of antitrust control, preserving the powers conferred on holders of intellectual rights.

scholarly journals ASSESSMENT OF DIRECTION FOR COORDINATION OF MONETARY REGULATION OF INVESTMENT IN THE INTEGRATION UNIONS

2021 ◽  
pp. 27-36
Author(s):  
Marina Zelenkevich ◽  
Natallia Bandarenka
Keyword(s):  
Economic Growth ◽  
Monetary Policy ◽  
Supply And Demand ◽  
Central Banks ◽  
Eurasian Economic Union ◽  
National Bank ◽  
Economic Union ◽  
The Republic ◽  
The Impact ◽  
Method Of Correlation

In the context of globalization and regionalization, central banks pursuing monetary policy in the country at the same time become subjects of monetary regulation within the framework of the integrational associations of which they are members. The purpose of the article is to assess the impact of monetary policy on investment and economic growth in integration unions and determine the appropriateness of their coordination. To achieve the goal, a method of correlation-regression analysis is proposed, one which allows for the identifying and assessing of the degree of influence of certain directions of monetary policy of the countries of the integration association on the indicators of investment and economic growth. As a result of the analysis, the expediency of coordination and implementation of a coordinated policy of central banks to stimulate the deposit and credit policy of commercial banks was proved, which positively affects the characteristics of supply and demand in the integrated investment market. The assessment of the directions of the coordination of monetary investments regulation was carried out on the example of an integration association - the Union of Belarus and Russia and can be extended to other integration associations with the participation of Belarus, in particular, to the monetary interaction of countries within the Eurasian Economic Union. The analysis is based on the statistical data of the National Statistical Committee and the National Bank of the Republic Belarus, the EAEU Department of Statistics, as well as statistical information from the Central Bank of Russia and the Union of Russia and Belarus.

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.

Eurasian Economic Union Law

2021 ◽  
Vol 5 ◽  
pp. 5-12
Author(s):  
V. V. Ershov ◽  
Keyword(s):  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law ◽  
Legal Understanding

The author investigated the problems of the role and nature of legal relations, legal and individual regulators of legal relations, modern types of legal understanding, metamodernity. The sources, forms, gaps in the law of the Eurasian Economic Union are analysed. The concept of the EAEU law in the metamodern paradigm and from the position of scientifically grounded concept of integrative legal understanding is elaborated.

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.

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