International and Legal Cooperation Development on Labour Migration Issues: from EurAsEC to Eurasian Economic Union

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Рустам Давлетгильдеев ◽  
Rustam Davletgildeev ◽  
Ольга Сычева ◽  
Olga Sycheva
Keyword(s):  
Legal Regulation ◽  
Labour Migration ◽  
Customs Union ◽  
The European Union ◽  
International Treaties ◽  
Economic Community ◽  
Integration Model ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Creation

This article is devoted to the analysis of international and legal cooperation in the area of labor migration in the Eurasian Economic Community and the Eurasian Economic Union. The authors study background for the creation and history of the Common Economic Space and the Customs Union, one of the main purposes of which is the creation and operation of a common labour market. The authors perform the analysis taking into account similarities and differences of legal regulation of the issue under consideration in the European Union, and make comparison. The authors point out to the continuity problems of labour migration legal regulation within the framework of the Eurasian Economic Union, including harmonization of legislation on labour migration of the Union’s member countries. The authors study the institutional system of the Eurasian Economic Community (Eurasian Economic Union) and powers of institutions in the field of labour migration, indicate the presence of special migration authorities in the EurAsEC and in the Eurasian Economic Union. Provisions of the Treaty on the Eurasian Economic Union devoted to labour migration are analyzed. The authors note the probability that the law harmonization function will be implemented in the Eurasian Economic Union not through model laws but through international treaties and decisions of the Union’s institutions. The authors assume that the Eurasian Economic Union will work out the desired integration model, based not only on political and economic interests, but which will take into account civilizational peculiarities of the Eurasian region.

scholarly journals Labour migration and forced labour in the context of economic integration: new challenges and realities: statement of the problem

2020 ◽  
Vol 80 (4) ◽  
pp. 56-61
Author(s):  
A. Djorobekova ◽  
◽  
A. Khamzin ◽  
A. Boretskiy ◽  
Sh. Fayziev ◽  
...  
Keyword(s):  
Legal Regulation ◽  
Regulatory Framework ◽  
Labour Migration ◽  
The European Union ◽  
Negative Consequences ◽  
Illegal Migration ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic ◽  
Forced Labour

Main problem:The main idea of this study is the development of proposals for improving the legislation of the Republic of Kazakhstan, as well as the regulatory framework of the Eurasian Economic Union, taking into account the experience of the European Union countries (as the largest integration association), towards the further development of the legal framework for cooperation in the social-labor sphere, as well as improving the integration and migration policy of the Eurasian Economic Union countries in general, and the Republic of Kazakhstan, in particular. In addition, this study intends to develop practical recommendations aimed at improving the activities of the law enforcement agencies of the Republic of Kazakhstan, as well as the EAEU countries, in the field of combating illegal migration and forced labor on the territory of this integration association. Moreover, this project suggests the legal promotion of the results obtained, both on the territory of the EAEU and beyond. Purpose: The aim of the study. To develop proposals for improving the legislation of the Republic of Kazakhstan and the EAEU countries in the field of legal regulation of labour migration and counteracting its negative consequences such as illegal migration, forced labour in the territory of this integration association. Methods: The methodological basis of the study is made up of traditional general scientific and special legal methods used in comparative jurisprudence: system-structural, historical-legal, social-legal and comparative-legal. Results and their significance:All of the above testifies to the relevance and necessity of research in the framework of this study, since its implementation, taking into account the expected results, will further improve the regulatory framework in the field of combating illegal migration, human trafficking and other illegal manifestations resulting from insufficient regulation of the labour migration sphere.

scholarly journals Legal Framework of Labor Migration Governance in the Eurasian Economic Union and the European Communities: Comparative Analysis

2021 ◽  
Vol 8 (4) ◽  
pp. 573-601
Author(s):  
A. S. Leonov ◽  
I. E. Lisinskaya
Keyword(s):  
Comparative Analysis ◽  
Regional Integration ◽  
Labor Migration ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eurasian Economic Union ◽  
Migration Flows ◽  
Economic Union

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.

scholarly journals Differences in fishery and aquaculture products, their production and sale technical regulations in Eurasian Economic Union and legislation and practice of the European Union

2021 ◽  
Author(s):  
Mihails Silovs ◽  
◽  
Olga Dmitrijeva ◽  
Keyword(s):  
European Union ◽  
Customs Union ◽  
The European Union ◽  
Customs Unions ◽  
Product Categories ◽  
Eurasian Economic Union ◽  
Aquaculture Products ◽  
Economic Union ◽  
Food Legislation ◽  
Technical Regulations

The mandatory requirements for the fishery and aquaculture products, their production and sale in force in the territory of the Customs Union of the Eurasian Economic Union (CU EAEU) arise from the regulatory and legal acts of the Eurasian Economic Union and its predecessor - the Customs Union - and apply in a package approach similar to the law of the European Union pertaining to the food safety area. The requirements of the EAEU technical regulations have been analysed taking into account that European exporting enterprises are first of all obliged to comply with the requirements of the listed EU regulatory and legal acts applicable to their production process and products. The aim of this paper was to run a comparative analysis on the mandatory requirements of the food legislation of the European and Customs Unions regarding fishery and aquaculture products, their production and sale. The issues of certification of certain product categories are analysed separately, the requirements for canned fish being highlighted. The analysis is relevant for all fish processing companies which may consider the possibility of starting export to the countries of the CU EAEU and are intended to reduce costs associated with products’ entry into these markets.

scholarly journals The Expert Right to Submit Petitions as an Exercise Form of Expert Initiative

2019 ◽  
Vol 14 (2) ◽  
pp. 24-34 ◽  
Author(s):  
O. G. Dyakonova
Keyword(s):  
Semantic Content ◽  
Legal Regulation ◽  
Economic Community ◽  
Member States ◽  
Electronic Form ◽  
Eurasian Economic Union ◽  
Financial Costs ◽  
Forensic Examination ◽  
Economic Union ◽  
Model Law

The issues of an expert right of initiative when undertaking a study is very relevant to this day since there is still no proper legal regulation. The provisions of legislation on expert activities of the member States of the Eurasian Economic Union, the Model Law of the Eurasian Economic Community on forensic activities, as well as scientific positions on the nature, structure, exercise, limits and regulation of expert initiative are analyzed in the article. An opportunity to establish the expert initiative right by entitling him to submit petitions connected with appointment and production of forensic examination is examined. The author proposes to make additions to the existing legislation on forensic activities to enshrine the specific expert right to submit a range of petitions. For instance, to invite other experts to examination; to extend the term of examination; to change the wording of the issues for expertise preserving their semantic content in the decision on the appointment of an examination, to withdraw permission for a proceedings participant to attend an examination if he obstructs the work of an expert. As a possible way to reduce the time and financial costs to resolute the expert’s petitions an exemplary order of their submission in electronic form is proposed.

scholarly journals Problems and prospects of the circulation of biomedical cell products in the Eurasian Economic Union

Pravovedenie ◽  
2019 ◽  
Vol 63 (3) ◽  
pp. 429-439
Author(s):  
Evgeniya A. Sharkovskaya ◽  
Keyword(s):  
Good Clinical Practice ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The European Union ◽  
Treatment And Prevention ◽  
Eurasian Economic Union ◽  
Integration Approach ◽  
Registration Procedure ◽  
Economic Union ◽  
Single Standard

Biomedicine has a great integration potential according to regulatory acts in the Eurasian Economic Union (EAEU). Moreover, one of the most relevant areas in modern biomedicine is regenerative personalized medicine using biomedical cell products. The article discusses various approaches to the legal regulation of the circulation of biomedical cellular products in the EAEU — a national and integration approach. As part of the study of the national approach, the author compares the current legislation of Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia, while also identifying similar and different features. There is a common licensing procedure for conducting activities on the circulation of biomedical cell products, an increased degree of quality control, efficiency and safety, taking into account the ethical side of the issue, and emphasis on respect for human rights. The differences lie in the formal legal aspects, a heterogeneous understanding of the nature and content of biomedical cell products. The integration approach is illustrated by regulatory acts adopted at the EAEU level; their shortcomings are highlighted. Only import and export issues are adequately resolved from the entire life cycle of biomedical cell products at the EAEU level. However, there are no standards for a single market for cell products. For comparison, the author refers to the experience of the European Union in regulating the circulation of cell-based products and focuses on free movement, a centralized registration procedure, ethical requirements, and good clinical practice. According to the results of the article, the author identifies such basic problems of legal regulation as the lack of unification of the conceptual items, registration procedures, and procedures for applying to patients. Solving these problems will allow the market for biomedical cell products to grow rapidly and provide a qualitative breakthrough in the treatment and prevention of diseases. It is proposed to establish either a mechanism for verifying biomedical cellular products in the territory of the EAEU member countries in order to simplify registration procedures or create a unified registration procedure. The global goal is to develop a single standard for the legal regulation of the circulation of not only cellular products, but also all advanced medical devices in general.

scholarly journals Regulation of public procurement under the Eurasian Economic Union law and ways of convergence of national procurement legislation

Pravovedenie ◽  
2019 ◽  
Vol 63 (3) ◽  
pp. 393-411
Author(s):  
Dmitry A. Kazantsev ◽  
◽  
Natalya А. Mikhaleva ◽  
Keyword(s):  
Public Procurement ◽  
Legal Regulation ◽  
Member States ◽  
Economic Space ◽  
The Public ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Creation ◽  
Procurement System ◽  
Supranational Level

Russian procurement regulation exists not merely by itself, but also in the framework of the formation of unified approaches to procurement regulation within the Eurasian Economic Union (EAEU). These approaches today are based on a common methodology, although national laws of each state demonstrate various options for implementation. The integration processes affected by the creation of the EAEU also influence public procurement. The formation of a single economic space and unified procurement market as economic bases cannot exist without bringing the national legislation of EAEU member states on public procurement to uniform standards. The trend towards unification and harmonization of procurement legislation in the EAEU member countries requires the creation of a unified market for public procurement of the EAEU to ensure unhindered access to procurements, which will make it possible to expand sales markets under economic pressure from sanctioned non-tariff barriers. This article addresses some of the issues related to public procurement in EAEU member states in light of the functioning procurement systems. The authors make an attempt to reveal some of the main features of the public procurement system based on an analysis of the main legislative acts of the EAEU member countries. The main positive trends in harmonization of the EAEU procurement legislation are described taking into account previous experience. Ways to solve problems are proposed as a result of a comparative analysis of the legislation governing the procurement process in the EAEU member countries. The study also reveals the problems of legal regulation of the supranational level of procurement legislation that impede the effective achievement of the objectives of economic integration and the formation of a unified market for public procurement. The article is an attempt to comprehensively analyze the procurement legislation of the EAEU countries, taking into account the requirements of supranational legislation that is designed to ensure uniformity of legal models for the formation of a procurement system for state customers.

Collective Management as a Method of Implementation of Author´s and Related Rights in the Customs Union

10.12737/7574 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Михаил Тюнин ◽  
Mikhail Tyunin
Keyword(s):  
Intellectual Property ◽  
World Intellectual Property Organization ◽  
High Tech ◽  
Practical Implementation ◽  
Customs Union ◽  
The European Union ◽  
Economic Space ◽  
Collective Management ◽  
Eurasian Economic Union ◽  
Economic Union

This article is devoted to the collective management of copyright and neighboring rights as one of the most important ways of their implementation in Customs Union, Common Economic Space, Eurasian Economic Union and also ensuring property rights of authors, performers, producers of phonograms and other holders of copyright and neighboring rights in cases, when their practical implementation individually is difficult. World Intellectual Property Organization and UNESCO has repeatedly emphasized the importance of collective management as the most suitable path that avoids the limitations of copyright and related rights with providing legal opportunities for mass use of intellectual property in the new high-tech areas. Questions of collective management of copyright and related rights take a significant place in the directives of the European Union adopted in the last decade. Copyright collecting agency must have the whole spectrum of rights for its operation which will allow it to conclude licensing agreements and ensure their legal clarity.

scholarly journals Nuclear energy: Russia’s international treaties with other EEU members

2021 ◽  
Vol 118 ◽  
pp. 03022
Author(s):  
Olga Vladimirovna Glikman ◽  
Aziza Ulugbekovna Nazarova ◽  
Alina Valeryevna Filippova ◽  
Ekaterina Gennadyevna Minenkova
Keyword(s):  
Nuclear Power ◽  
Nuclear Energy ◽  
Legal Regulation ◽  
Energy Sector ◽  
Special Role ◽  
Legal Analysis ◽  
International Treaties ◽  
Eurasian Economic Union ◽  
General Scientific ◽  
Economic Union

The purpose of the study is to identify trends and compare the scope of multilateral and bilateral international legal regulation of relations between Russia and other Eurasian Economic Union members in the field of peaceful use of nuclear power (energy). The methodological basis of the research consists of general scientific and special legal methods. The application of these methods made it possible to subject the current national legislation in the field of nuclear energy to in-depth comparative legal analysis and to identify the prospects for its modernization. The result of the study was the absence of special provisions in the Treaty on the Eurasian Economic Union aimed at integration in the nuclear energy sector and the formation of a common nuclear energy market of the Eurasian Economic Union. The study’s novelty lies in the authors’ approach to the allocation and comparison of the scope and subject matter of existing international treaties of Russia with other Eurasian Economic Union members, regulating cooperation in the peaceful use of nuclear energy, which are not included in the Eurasian Economic Union law. According to the authors, despite the prospects and trends of forming the Eurasian Economic Union nuclear law noted by experts, Russia’s bilateral international agreements with other Eurasian Economic Union members will continue to play a special role in regulating relations in the nuclear energy sector.

scholarly journals “Non-Recognition” of the EAEU by the European Union: Political Aspects

2021 ◽  
Vol 101 (1) ◽  
pp. 200-208
Author(s):  
Bolonina ◽  
Keyword(s):  
European Union ◽  
Trade Agreements ◽  
The European Union ◽  
Integration Model ◽  
Eu Countries ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Growing Network ◽  
Formal Dialogue ◽  
The Eu

The Eurasian Economic Union (EAEU) positions itself as an open integration formation and considers the cooperation with external partners as a key feature of its functioning. However, while it is developing a growing network of trade agreements in the framework of a Great Eurasian Partnership, it faces difficulties in establishing a formal dialogue with a neighboring integration formation – the European Union (EU). In this article we propose to analyze political causes of such “non-recognition”, conditioned by the context of political tensions between Russia and the EU countries and by the perception of the EAEU as a tool for promotion of an integration model, alternative to the European one. The article offers recommendations to enhance the dialogue between the two integration unions, oriented at strengthening of objective economic prerequisites for EU ‒ EAEU cooperation, as well as at the formation of the EAEU identity, separate from the identities of its member-states.

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