scholarly journals Systematization of the EAEU legal sources in the field of regulation of the service market in science

2020 ◽  
Vol 32 (4) ◽  
pp. 83-93
Author(s):  
Lyudmila N. Berg ◽  

Introduction. The law of the Eurasian Economic Union (hereinafter – the EAEU) contains provisions aimed at organizing scientific cooperation (and cooperation in the field of innovation) of its member states. The subject of this research is the totality of sources of the Eurasian Economic Union law in the field of regulation of the services market in science. The purpose of the research is to systematize the legal sources, containing norms governing relations in the services market in the field of scientific activity. Materials and methods. The methodology of scientific research includes the dialectical method, General scientific logical operations (deductions and inductions, analysis and synthesis) and specific scientific methods (legalistic, comparative legal). Results. As a result of the research, the author presents a system of sources of the EAEU law, norms in the field of legal regulation of scientific activities and scientific cooperation within the framework of the Eurasian economic integration: the Treaty on the EAEU, international multilateral and unilateral agreements implemented in the EAEU legal framework, normative acts adopted by the Supreme Economic Council and the EAEU Economic Commission. Conclusion. The research results are applicable in further theoretical studies of the Eurasian economic integration and the EAEU law and have practical significance for the systematization of the legislation of the Eurasian Economic Union, development of legal techniques, EAEU lawmaking.

2019 ◽  
pp. 14-19
Author(s):  
V. V. Okrepilov ◽  
A. G. Gridasov

The presented study examines the experience of forming a regulatory framework for the integration of the Eurasian Economic Union (EAEU) member states through the example of standardization as one of the key tools of quality economics.Aim. The study analyzes the major solutions of the EAEU authorities and member countries aimed at increasing the role of standardization in the economic integration of the Union over five years of its existence.Tasks. The authors identify efficient methods for developing standardization for the integration of the EAEU states as well as the most problematic aspects in this field that need to be taken into account in the qualitative strengthening of the Union’s economy.Methods. This study uses general scientific methods of cognition to examine the activities of the EAEU authorities and member states aimed at creating a system for the economic integration of the Union during a period of its transition from separate national markets towards a single (common) market.Results. Over five years of operation in the field of stadardization, the Eurasian Economic Union has created the necessary organizational and legal framework to ensure the successful development of integration processes. The national legislation on standardization has been modernized with allowance for the harmonization of these laws. In the next five-six years, the development of international standards for 40 technical regulations is expected to be completed, which would create a regulatory framework for unhindered interaction between all participants of the single (common) EAEU market. Conclusions. The analysis of activities in the field of standardization reveals a sufficiently thought-out and coordinated policy of the EAEU states in creating the necessary conditions for overcoming legal and administrative barriers in the movement of goods and services within the common economic space of the EAEU.


2021 ◽  
Vol 8 (4) ◽  
pp. 573-601
Author(s):  
A. S. Leonov ◽  
I. E. Lisinskaya

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.


2021 ◽  
pp. 123-128
Author(s):  
M. S. Komov

The article briefly describes the content of the new conceptual and programmatic perspective document of the Eurasian Economic Union (EAEU) –«Strategic directions for the development of the Eurasian economic integration until 2025» («Strategy-2025»). The transport and logistics component of the document`s problems is commented on in more detail. In the course of these comments, proposals are substantiated to modify the legal framework of the EAEU in the aspect of strengthening the institutional regulation of transport integration of the participating countries on the basis of expanding the functional powers of regulators (subjects of the unified interstate regulatory system), including the Eurasian Economic Commission (EAEC) and its departments.


2018 ◽  
Vol 9 (3(33)) ◽  
pp. 842
Author(s):  
Kamshat AMIRBEK ◽  
Yerkin KUBEYEV ◽  
Altai BOZHKARAULY

This article sets the task to consider the main issues of the formation and development of the legal framework of the regional integration association of states – the Eurasian Economic Union (EAEU). The development of international economic integration is impossible without a legal framework, since it is through bilateral and multilateral treaties, as well as domestic legislation, that the states parties to international economic integration carry out political decisions and ideas into real life. Prospects for the development of the Eurasian Economic Union require an analysis of new approaches to integration interaction, as well as the solution of certain legal problems. First of all, it concerns the legal support of the functioning of both the EAEU itself and the enactment of acts of its bodies. This article focuses on solving many legal problems in the framework of the implementation of customs cooperation between the Member States of the Union, as well as the adoption of national acts, the introduction of changes and amendments to national legislation.  


2021 ◽  
pp. 8-15
Author(s):  
Anton Konstantinovic Tugushev

In this article, the author analyzes the application of the customs procedure of the free customs zone in the space of the Eurasian Economic Union. The legal framework was considered as a regulative factor, taking into account a territorial aspect. In addition, the features of goods declaration and the completion of the procedure were established. Based on the conducted research, the author concludes that the determination of the country of origin of the goods, completion of the customs procedure, and the establishment of the obligation to pay fees are the key issues and require both theoretical studies and regulatory improvements.


2020 ◽  
Vol 10 ◽  
pp. 41-44
Author(s):  
Yulia K. Tsaregradskaya ◽  

Purpose. The development of digital technologies contributes to the improvement of financial relations using various information systems, which actualizes the study of the problems of legal regulation of new relations, in particular in the field of ICO. The article analyzes the processes of initial placement of tokens (moent), as well as possible options for their legal regulation. The methodological basis for the research of this article is the dialectical method of scientific knowledge. The research used such general scientific methods and techniques as scientific abstraction, system, logical, analysis and synthesis, comparative law. Conclusions are drawn that 1) various approaches to the issue of ICO regulation have been formed in a number of countries, and rather ambiguous ones, 2) Russia is currently in the process of forming a legal framework regulating the circulation of cryptocurrencies and digital financial assets, 3) the term “ICO” has not been introduced in domestic legislation, and the terms “issue” and “circulation”are used instead. Scientific and practical significance. This research allows us to consider the nature of the token and the content of the ICO process, as well as contributes to the development of theoretical directions on this topic and the formation of training courses on tokens and new ways of implementing financial relations.


Author(s):  
Григорий Шаляпин ◽  
Grigoriy Shalyapin

At present, the countries of the Eurasian Economic Union (EAEU) working hard in the law-making process by creating a system of regulatory legal acts on production and turnover of organic agricultural products. This activity is realizing at the level of national and international legislation. The problem of creating a unified legal and economic space in this area is very important for the entire agricultural sector including representatives of commercial aquaculture, who are particularly interested in the legal grounds for the management of organic fish farming in the framework of international cooperation, as declared in the draft concept of aquaculture development in EAEU States. In the nearest time this document will be adopt by the Eurasian Intergovernmental Council. But there is no enough legislation on organic production of Russia, Belarus and Kyrgyzstan. Analysis of national legislation demonstrates that similar laws were adopted in Armenia and Kazakhstan, but the effectiveness of their actions on commodity fish farming in doubt. Russian and Belarusian legislation in this field also require review and refinement. Applying the logical-legal and comparative legal methods of research we were able to identify the specific gaps of the relevant laws and legislation of these countries. At the end the author makes a conclusion that in the current period the most disoriented from the point of view of legal regulation of organic production are the fish farms of Russia, Belarus and Kyrgyzstan. These identified problems create non-competitive conditions in the field of production and turnover of organic fish products. So, in order to solve these problems the author gives some suggestions for improvement of draft laws and existing legislation in this field.


Author(s):  
Denis Kurochkin

The contractual and legal basis of the Eurasian Economic Union (EAEU) provides for the creation of the common economic space and a common market of services without any administrative, fiscal or other barriers. In fact, access to the market of services is limited by various barriers that possess corruption-generating properties. The paper describes the importance of cooperation between EAEU members in counteracting corruption with the purpose of economic integration. The implementation of the UN Convention against Corruption and other global instruments at the EAEU level is significant because it simplifies the processes of economic integration by overcoming the existing administrative barriers. The author discusses some administrative barriers that prevent investors working in special economic zones from accessing the service market, including those connected with determining the types of activities for special economic zones, selecting the projects of special economic zones participants, drawing contractual agreements between investors and the administration of a special economic zone. The author also summarizes the doctrinal position on the interaction between global and regional instruments of counteraction corruption, studies the impact of corruption on the formation of the common economic space, the volume of foreign investment and other economic aspects of regional integration. He outlines the necessity of overcoming administrative, fiscal and other barriers that have corruption-generating properties by adopting the Eurasian Anticorruption Strategy as a more flexible document that could make it possible to implement the key clauses of the UN Convention against Corruption in the Eurasian conditions and use the experience of creating a regional system of counteracting corruption-generating administrative barriers in the legal systems of APEC, OECD and the Council of Europe.


Author(s):  
Pavel Samolysov ◽  
◽  
◽  

Purpose and objectives: analysis of legal regulation of cryptocurrency mining in the Russian Federation and abroad, identification of problems and gaps in this area and development of proposals aimed at their resolution. Scientific significance: the article reveals the current state and established doctrinal approaches to the legal regulation of cryptocurrency mining in Russia. For the first time, the necessity of strengthening and developing state regulation of mining is substantiated. The main attention in the article is paid to the system of legal regulation of the process of creating cryptocurrencies in the territory of the Russian Federation, taking into account the law of the Eurasian Economic Union. Methods: a dialectical approach to the cognition of social phenomena, allowing them to be analyzed in their historical development and functioning in the context of a set of objective and subjective factors, which determined the choice of the following research methods: formal logical, comparative legal, sociological, which allowed the author to ensure the reliability and validity of the conclusions. Key findings: The legal vacuum in the regulation of mining acts as a serious inhibiting factor at the current stage of its improvement and often itself becomes an offense. At the same time, cryptocurrency mining is one of the new types of entrepreneurial activity, in connection with which in the near future it is necessary to introduce state regulation of cryptocurrency mining in the Russian Federation, for which it is necessary: to develop a law regulating the organization and implementation of the production of cryptocurrencies using cryptographic algorithms; to supplement the classifier of the main type of carried out economic activity with a new type of activity — mining; to create a unified electronic register of crypto farms operating on the territory of the Russian Federation; supplement the existing legislation of the Russian Federation and the Eurasian Economic Union with the norms regulating the import of mining equipment. Thus, the important results of the study are: the development of the problems posed, which for a long time remained outside the attention of specialists, as well as the significant novelty of the factual material introduced into circulation.


ASJ. ◽  
2020 ◽  
Vol 2 (42) ◽  
pp. 31-34
Author(s):  
K. Inalkaeva

The purpose of the study is to analyze theoretical approaches to the mechanism for resolving legal conflicts, as well as to analyze its components, identify implementation problems and proposals for their elimination. The aim of the study is to improve the effectiveness of conflict prevention in draft laws, laws and other regulations. There is insufficient research on the procedure for adopting regional laws, organizing the work of regional parliaments, and public participation in the legislative process. We hope, if not to reveal, then at least to identify problematic issues that will find worthy researchers and solutions in the future. The paper notes the role of the constitutional Court of the Russian Federation as a subject of conflict-of-laws relations. It is concluded that the legislative process is directly related to the level of legal consciousness of the relevant subjects, moral attitudes, and awareness of their mission as creators of legislation. The practical significance of the research results provides a real opportunity for the competent authorities to take concrete measures aimed at removing corruption-related provisions from the regulatory legal framework.


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