Export Cartels: the Problem of Antitrust Regulation

2021 ◽  
pp. 26-32
Author(s):  
A. G. Sushkevich ◽  
V. S. Sokur
Keyword(s):  
Law Enforcement ◽  
Legal Assessment ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Characteristic Features ◽  
Antitrust Regulation

The legal assessment of export cartels today is one of the most pressing problems in the field of antitrust regulation, including in relation to transnational markets. The authors analyze the essence of the export cartel phenomenon, judicial and other law enforcement practice in cases of export cartels, identify its characteristic features and propose ways to solve the problem, including in relation to 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 Methodological forks of antimonopoly regulation of digital markets: ideas and meanings of the digital agenda of Kazakhstan

2021 ◽  
Vol 15 (2) ◽  
pp. 5-18
Author(s):  
Irina V. Knyazeva ◽  
◽  
Aldash T. Aitzhanov ◽  
Yelena S. Bychkova ◽  
◽  
...  
Keyword(s):  
Professional Community ◽  
Point Of View ◽  
Antitrust Enforcement ◽  
Regulatory Documents ◽  
Eurasian Economic Union ◽  
Regulatory Measures ◽  
Economic Union ◽  
The Republic ◽  
Antitrust Regulation ◽  
First Time

The article continues the point of view of the experts of the Republic of Kazakhstan on the issues of developing a set of measures and recommendations for regulating digital markets. Currently, among the professional community, lawyers and economists, the draft regulatory measures to the Entrepreneur Code of the Republic of Kazakhstan (EC RK) – the main legislative act providing for antitrust regulation in the state- is widely discussed. The article describes the substantive provisions of legislative initiatives in the digital field of the Republic of Kazakhstan and recommendations for their improvement, as well as methodological barriers to digital regulation. The article reflects the issues of the digital agenda of the Eurasian Economic Union, as well as the latest decisions and regulatory documents submitted by both national (China, Japan, Germany, Great Britain) and international regulators. Particular attention is paid to certain provisions of the Digital Markets Act (Digital Markets Act-DMA), the draft of which the European Commission has proposed to the European Parliament for discussion at the end of 2020. The article reflects the content characteristics of the term “gatekeeper”, introduced for the first time, which reveals the priority characteristics of the behavior of the main digital platform for creating the most balanced regime of regulatory norms in the field of antitrust enforcement.

Legal Disputes on the Assessment of Customs Value: Trends in the Courts Rulings

2021 ◽  
Vol 3 ◽  
pp. 81-91
Author(s):  
G. V. Matvienko ◽  
Keyword(s):  
Law Enforcement ◽  
Court Decisions ◽  
The Past ◽  
Eurasian Economic Union ◽  
Practical Analysis ◽  
Economic Union

The article presents the findings of scientific and practical analysis of court decisions made following the review of disputes on the assessment of customs value over the past few years. The author comes up with suggestions aimed at improving legislation and unification of law enforcement practice in Russia and throughout the territory of the Eurasian Economic Union.

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 Concept of Import of Goods in the Context of Customs Procedures

2021 ◽  
Vol 16 (1) ◽  
pp. 64-70
Author(s):  
S. N. Ovchinnikov
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Russian Federation ◽  
International Agreements ◽  
Economic Community ◽  
Judicial Practice ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
Definition Of

The paper, based on comparative analysis of the legislation of the Russian Federation and acts of the Eurasian Economic Union, examines the legislative definition of the concept of import of goods, different approaches to understanding of the concept under consideration. The legislator’s definition of imports as importation of goods without the obligation to re-export them is not entirely consistent with the description of customs procedures in customs legislation, which gives rise to problems in law enforcement. In particular, the importation of alcoholic products by duty-free shops is considered as imports, which results in the requirement to obtain a license for the purchase (import) of alcohol products. The author highlights the discrepancy between this requirement and the law of the Eurasian Economic Community and the lack of uniformity of judicial practice on this issue. Conflicts of this kind in accordance with the Constitution of the Russian Federation and the Customs Code of the EAEU should be resolved in favor of international agreements. It is proposed to exclude the obligation to obtain a license to import alcohol products for duty-free shops.

Eurasian Economic union: Prospects and challenges for Development

2015 ◽  
pp. 87-108 ◽  
Author(s):  
A. Knobel
Keyword(s):  
Oil And Gas ◽  
Economic Effects ◽  
Necessary Condition ◽  
Gas Transfer ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Food Imports ◽  
Cis Countries ◽  
Integration Problems ◽  
Integration Challenge

The paper is devoted to the analysis of development prospects and problems of Eurasian Economic Union (EAEU) of Russia, Kazakhstan, Belarus and Armenia. It considers integration problems inside EAEU, interactions of EAEU with other CIS countries and with countries from the rest of the world. The paper shows that the major integration challenge inside EAEU is the domination of the redistributive motive over the creative one. It estimates the value of the oil and gas transfer from Russia to other EAEU members and the influence of the Russian tax maneuver on this transfer. The paper shows the need in redistribution mechanism inside EAEU as a necessary condition for getting the potential positive economic effects of free trade with other countries. It also assesses the risks for EAEU due to Russian embargo for food imports from countries of the sanctions list and possible application of tariff in the trade with Ukraine.

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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