REGULATORY IMPACT ASSESSMENT IN THE AREA OF THE EURASIAN ECONOMIC UNION: PECULIARITIES OF FORMATION AND CURRENT STATUS

Author(s):  
Iryna RUSAK ◽  
◽  
Alexander NOVIKOV ◽  
Sergey NOVIKOV ◽  
◽  
...  

This article examines the process of formation of the regulatory impact assessment as a main tool of regulatory policy in the area of the Eurasian Economic Union. The influence of the taken regulatory measures on the activity of the entities is identified. The reasons for the necessity to develop regulatory impact assessment as a legal institution are described, its advantages are determined, the peculiarities of the development of this institution are studied. Legal framework that serves as a basis for assessment functioning is examined. The reasons for uneven development of the institution of assessment in the Eurasian area are understood, typical country peculiarities are given. On the basis of the conducted analysis suggestions for the improvement of the mechanism of the regulatory impact assessment are generated and its development perspectives are identified.

2016 ◽  
Vol 3 (3) ◽  
pp. 73-76
Author(s):  
O Y Bakaeva

The article defines the place of the Eurasian Economic Commission on the system of supranational bodies of the Eurasian Economic Union, designated its structure. We analyze the procedure for the adoption of decisions of the Eurasian Economic Com- mission, acting as the source of the EAEC law. Particular attention is paid to the mechanism of public debate and regulatory impact assessment when making such decisions. It draws conclusions about the advisability of strengthening the status of the Commission.


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.


2018 ◽  
Vol 8 (2) ◽  
pp. 84-93
Author(s):  
I.  D. Turgel ◽  
A.  Zh. Panzabekova

The subject of research is the institute of regulatory impact assessment, implemented in the sphere of state regulation of economy in post-Soviet countries. The research aims to analyze the main approaches to the implementation of the regulatory impact assessment in the post-Soviet countries — Russia, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Uzbekistan, as well as to determine the prospects of development of this institute in the countries included in the analyzed set. Using the methodology of comparative research, the study collates the concept content of “regulatory impact assessment” in some of the post-soviet countries, the structure of the objects of assessment and government levels, at which it is performed. The research analyzes the methodological framework of the regulatory impact assessment and models of the organization of monitoring and quality control of regulatory impact assessment in the countries from the analyzed set. The paper characterizes the role of the regulatory impact assessment in the system of state regulation of economy in the countries of post-Soviet space, identifies the general and specific features in the functioning of the mechanisms of regulatory impact assessment in the analyzed countries, describes the problems of assessment in the activities of state authorities and local selfgovernment, and substantiates the development prospects of the institute of the regulatory impact assessment. The research provides findings on the need for improving the quality of the existing methodological support of the regulatory impact assessment, the lack of methodical approaches to evaluating the effectiveness of this institution, the risks of formalizing procedures of the regulatory impact assessment, and the feasibility of the regulatory impact assessment “integration” in the national strategy to encourage business and economic growth. Moreover, the paper notes that at the present stage of the development of the regulatory impact assessment institute little attention is paid to finding alternative solutions which require government interference in the economy. 


Author(s):  
Renhat Marlianus Siki

Bendega is a traditional institution in the field of maritime and fisheries on indigenous peoples in Bali in the coastal region, economic, social, cultural and religious that has historically continued to grow, evolving in accordance with the culture, and also the local wisdom of Bali. Bendega is one of three traditional institutions in Bali, namely, Desa Adat, Subak and Bendega. This purpose of this study to understand and interpret the characters of the form and character of the contents of the Bali Regional Regulation 11/2017 which are based on formal and material principles, and study settings using the method of thinking Regulatory Impact Assessment. This research used a normative research method. The results showed that the formation of the Bali Regulation 11/2017 was based on philosophical, sociological and juridical considerations. The establishment of the Bali Regulation 11/2017 is based on attribution authority and delegation. The content character of the Bali Regulation 11/20 is discretionary, in the sense of giving the Governor and the Regency / City Government the freedom of space. Bali Regional Regulation 11/2017 has addressed the character of responsiveness to pluralism in the legal order that applies in areas that have certainty and fulfill people's desires. The certainty of the rules of traditional socio-cultural and religious institutions in the field of fisheries which are part of the culture of traditional Balinese society. Furthermore, it is hoped that there will be a further scientific review of the Bali Provincial Regulations that have been stipulated in the Regional Gazette Bendega adalah lembaga tradisional di bidang kelautan dan perikanan pada masyarakat adat di Bali yang ada di wilayah pesisir, bersifat ekonomi, sosial, budaya dan religius yang secara historis terus tumbuh, berkembang sesuai dengan budaya dan kearifan lokal Bali. Bendega merupakan salah satu dari tiga lembaga tradisonal yang ada di Bali, yaitu, Desa Adat, Subak dan Bendega. Tujuan penelitian adalah memahami dan menginterpretasi karakter bentuk dan karakter isi Perda Bali 11/2017 yang berlandaskan pada asas formil dan materil, dan kajian pengaturan dengan menggunakan logika berpikir Regulatory Impact Assessment. Jenis penelitian ini adalah penelitian hukum normatif. Hasil penelitian menunjukan bahwa pembentukan Perda Bali 11/2017 adalah berdasarkan pertimbangan filosofis, sosiologis, dan yuridis. Pembentukan Perda Bali 11/2017 didasari pada kewenangan atribusi dan delegasi. Karakter isi Perda Bali 11/20 bersifat diskresioner, dalam pengertian memberikan ruang kebebasan kepada Gubernur dan Pemerintah Kabupaten/ Kota. Perda Bali 11/2017 telah menujukan karakter responsifitas terhadap kemajemukan tatanan hukum yang berlaku di daerah yang memiliki nilai kepastian dan memenuhi keinginan masyarakat. Kepastian aturan lembaga tradisional yang bersifat sosial budaya dan religius di bidang perikanan yang merupakan bagian dari budaya masyakat tradisional Bali. Untuk selanjutnya diharapkan adanya pengkajian ilmiah lebih lanjut tentang Perda-Perda Provinsi Bali yang telah ditetapkan dalam lembaran Daerah.


2021 ◽  
Vol 4 (5) ◽  
pp. 139-151
Author(s):  
K. I. ZHADAN ◽  

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.


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