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.

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

«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 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.

The Law of Eurasian Economic Union: International Legal Discourse

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
International Law ◽  
Latin American ◽  
Point Of View ◽  
The European Union ◽  
Secondary Sources ◽  
Eurasian Economic Union ◽  
Legal Nature ◽  
Economic Union ◽  
The Law

The article discusses the main features of the Law of the Eurasian Economic Union (EAEU) from the point of view of modern international law, its legal nature and place, and functions in the regulation of the Eurasian integration. The article investigates the importance of the Foundation agreement as the international legal basis of the Union and its legal system. The author conducts comparative law analysis of conceptual models of the integration law on the example of the European legal theories of the European Union and Latin American theories of law on regional economic integration. This article gives comprehensive international law characteristics of regulatory definitions and conceptual framework of the EAEU law. The author classifies contractual sources of the Union’s Law and reveals the relationship between them. The author shows the role of secondary sources of the Union’s Law — acts of intergovernmental bodies. The author does not only list the sources enumerated in the EAEU Treaty, but also makes a forecast about the role of other international law acts and norms in the development of the EAEU Law concept. The author draws the conclusion that the Union’s Law is of an international law nature.

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 Harmonization of legislation in the sphere of intellectual activity in the countries of Eurasian economic union

2020 ◽  
pp. 200-203
Author(s):  
Teymur Rzayev
Keyword(s):  
Legal Regulation ◽  
Intellectual Activity ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law

The article emphasises the need to create a comfortable environment for the implementation of intellectual activity through regulatory and legal regulation. The author suggests ways to improve the legislation of the EAEU countries on the law of intellectual activity and its results.

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.

scholarly journals Procedure for Reviewing Pharmaceutical Inspections in the Eurasian Economic Union (Review)

2021 ◽  
Vol 10 (3) ◽  
pp. 138-146
Author(s):  
A. P. Meshkovskiy ◽  
V. V. Beregovykh ◽  
V. N. Shestakov ◽  
N. V. Pyatigorskaya ◽  
Zh. I. Aladysheva ◽  
...  
Keyword(s):  
Good Manufacturing Practice ◽  
International Standards ◽  
International Guidelines ◽  
Regulatory Documents ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Law

Introduction. The article discusses significant changes in the procedure for pharmaceutical inspection of drug manufacturers for compliance with the requirements of the rules of good manufacturing practice (GMP) of the Eurasian Economic Union (EAEU), related to restrictions due to the COVID-19 pandemic.Text. The article presents the main international guidelines describing the remote conduct of pharmaceutical inspections, which is the basis for further updating the relevant procedures in the law of the EAEU. An overview of the foreign practice of pharmaceutical inspection during the pandemic is given. In addition, the changes in the Russian regulatory approaches to control and supervision in the Russian legislation are presented.Conclusion. These data give an idea that, with considering the above, there is a need for further convergence of the requirements, the practice of conducting pharmaceutical inspections for compliance with the requirements of GMP Rules in order to harmonize the norms between Russian regulatory documents, the norms of the EAEU law and international standards. This requires the development of a dialogue with the participation of stakeholders.

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