scholarly journals ILLEGAL BUSINESS ACTIVITY IN THE COUNTRIES OF THE EURASIAN ECONOMIC UNION: SPECIFICS OF PROTECTION IN CRIMINAL CASES

2020 ◽  
pp. 41-45
Author(s):  
A.A. Korennaya
Keyword(s):  
International Law ◽  
General Model ◽  
Economic Crime ◽  
Customs Union ◽  
Business Activity ◽  
Criminal Cases ◽  
National Legislation ◽  
Defense Strategy ◽  
Eurasian Economic Union ◽  
Economic Union

The customs Union of the Eurasian economic Union is one of the priority areas of Russia’s regionaleconomic integration. The creation of a single customs space of the participating countries, the appearanceof common customs borders, and the territorial proximity of the participating countries leads to an increasein «Eurasian crime», primarily economic crime. Traditionally, researchers in their work pay attention to theproblems of combating or countering such crimes. Within the framework of this study, a different task isset — to form a General model for building a defense strategy in criminal cases of crimes related to illegalbusiness activities committed on the territory of several member States of the Eurasian economic Union. Theauthor suggests forming a defense position based on the specifics of the national legislation of each state, initially analyzing the norms of the criminal laws of the participating countries, then offering successivestages of establishing the actual circumstances and their legal assessment on the basis, including on thebasis of international law

scholarly journals Eurasian Economic Union Court and WTO Dispute Settlement Body: Two Housewives in One Kitchen

2019 ◽  
Vol 7 (3) ◽  
pp. 169-193 ◽  
Author(s):  
Daria Boklan ◽  
Ilya Lifshits
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Customs Union ◽  
Trading System ◽  
National Legislation ◽  
Eurasian Economic Union ◽  
Wto Dispute Settlement ◽  
Multilateral Trading System ◽  
Economic Union ◽  
International Law Commission

Using the approach of the United Nations International Law Commission, the law of the Eurasian Economic Union and WTO law might be regarded as autonomous complexes of rules. However, in all current disputes the DSB treats the norms of EAEU law as measures adopted by a specific EAEU member, but not as international law within the meaning of the ILC. These disputes concern import tariffs, anti-dumping investigations, and technical regulation and reveal a number of specific features. First, the EAEU measures are attributable to every EAEU member. Second, the WTO members may try to challenge in the DSB the measures adopted by an EAEU member in its national legislation based on EAEU law that affect national legislation of that EAEU member, rather than EAEU law as such. Third, “forum shopping” may arise, for the same measure can be challenged under EAEU law in the EAEU Court and under WTO law in the DSB. Finally, to overcome uncertainty concerning WTO law in EAEU Court jurisprudence, it is necessary to clarify the approach of the EAEU Court. The authors conclude that this approach should provide for the Court’s right to interpret EAEU law relying on WTO law and DSB jurisprudence. Such interpretation should be made within the context and object of the EAEU Treaty. However, the autonomous EAEU legal order cannot be implemented until the Treaty on Functioning of the Customs Union within the Multilateral Trading System is applicable.

CUSTOMS DUTIES IN THE CUSTOMS UNION OF EURASIAN ECONOMIC UNION

2015 ◽  
Vol 10 (4) ◽  
pp. 133-139 ◽  
Author(s):  
Орлов ◽  
Igor Orlov
Keyword(s):  
Comparative Analysis ◽  
Member State ◽  
Customs Union ◽  
National Legislation ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Definition Of ◽  
Unambiguous Interpretation

This article presents a comparative analysis of customs duties as a form of customs fees levied in the states - members of the Customs Union Eurasian economic union. Based on the analysis, the suppositions about the reasons for the differences in the bases and the number of customs duties in the states - members of the Customs Union EAEU are made. The author states his position on the need for an unambiguous interpretation of the definition of «customs duties», which will eventually allow to set common types of customs duties in the national legislation of each Member State of the Customs Union EAEU.

The Treaty of the Eurasian Economic Union – New Page of Legal Development of Eurasian Integration

10.12737/6623 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
International Law ◽  
Customs Union ◽  
Economic Space ◽  
Legal Development ◽  
Eurasian Economic Union ◽  
Legal Nature ◽  
History Of ◽  
Legal Space ◽  
The Common ◽  
Economic Union

The article is considered the principal features of the Treaty on Eurasian Economic Union (EAEU) in the light of modern International law, its legal nature, place and functions in the regulation of Eurasian integration. Analysing the history of the formation of the idea of Eurasian integration after the collapse of the USSR, the value of the EurAsEC in the development of the integration process. Describes the main features of the EAEU Treaty as the foundation treaty of two kinds: establishing international organization for integration (EAEU) and the economic and legal space (the Customs Union and the Common economic space).

scholarly journals Eurasian Customs Union and Turkey’s Membership

2015 ◽  
Author(s):  
S. Rıdvan Karluk
Keyword(s):  
European Union ◽  
Soviet Union ◽  
International Law ◽  
Economic Integration ◽  
Prime Minister ◽  
Customs Union ◽  
Shanghai Cooperation Organization ◽  
Eurasian Economic Union ◽  
Relevant Term ◽  
Economic Union

Leaders of Russia, Belarus, and Kazakhstan which are the countries of disintegrated Soviet Union signed an agreement in order to establish a Union named Eurasian Economic Union on the date of 29 May 2014. With this attempt Russia wants to protect its former penetration on former Soviet geography by providing economic integration. Positive messages upon the membership of Turkey to Eurasia Economic Union were given at Eurasia Economic Union meeting which was held in Ankara in January mid-2015 and hosted by Andrey Karlov, Ambassador of Russia. Nursultan Nazarbayev, who is the pioneer of this idea, has stressed that Turkey should be a member of the Community several times before now. The idea of Sergey Markov, who is the point man of Putin as “Turkey should enter Eurasia Union not European Union, it can gain strength in this way”, is void within the scope of international agreements which Turkey signed with European Union and of the rules of WTO. Erdoğan, Prime Minister of the relevant term said Putin that “Take Turkey into Shanghai Cooperation Organization and ease our difficulty”; in Russian- Turkey peak held on 23 November 2013 in St. Petersburg province of Russia. This explanation is not possible in terms of international law. Explanation of Zeybekçi, Minister of Economy as “Eurasia Customs Union is a must for Turkey. We have to be there” is not realistic. In our paper we will deal and explain why Turkey cannot enter Eurasia Customs Union and why an axial dislocation cannot occur in Turkey.

scholarly journals Problems of Costitualization of Labour Legislation in Eurasian Economic Union Member-States

2016 ◽  
Vol 3 (4) ◽  
pp. 86-95
Author(s):  
K L Tomashevski
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Union Member ◽  
Freedom Of Association ◽  
Labour Law ◽  
National Legislation ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
Labour Legislation ◽  
Scientific Ideas

In the article with support on scientific ideas of scientists in area of constitutional and labour law a concept «constitualiza- tion of labour legislation» is analysed and determined. An author conducts the comparative analysis of both part of terminology of national legislation of states-members of the Eurasian economic union (in regard to categories a «labour legislation», «legislation, is about labour») and constitutional norms, relating to grow labour right, exposes between them common and special. On the basis of comparison of constitutional positions and norms of national legislation of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia certain retreats are shown from constitutional and simultaneously universally recognized principles of international law in the field of labour as principles of prohibition of force labor, freedom of association, and also right on a strike.

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.

«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 РЕГЛАМЕНТАЦИЯ НОРМ О ПРАВАХ ЧЕЛОВЕКА В ДОКУМЕНТАХ ЕВРОПЕЙСКОГО СОЮЗА И ДОКУМЕНТАХ ЕВРАЗИЙСКОГО ЭКОНОМИЧЕСКОГО СОЮЗА

World Science ◽  
2019 ◽  
Vol 3 (3(43)) ◽  
pp. 50-54
Author(s):  
Идрышева Сара Кимадиевна
Keyword(s):  
International Law ◽  
Well Being ◽  
Legal Analysis ◽  
The European Union ◽  
Main Program ◽  
Degree Of Protection ◽  
Eurasian Economic Union ◽  
Protection Of Human Rights ◽  
Economic Union ◽  
Historical Methods

The article is devoted to the consideration of the main program documents on the establishment of the European Union and the Eurasian Economic Union, as well as its predecessors in terms of identifying the participants in these integration associations about the purpose of creating interstate unions. Based on the application of logical, historical methods of scientific research and comparative legal analysis of the texts of constituent documents of two subjects of international law, the author comes to the conclusion that there is such a lack of constituent documents of the Eurasian Economic Union as the lack of emphasis on ensuring well-being for each person living in the union states. The author believes that the prevalence in the constituent documents of the EAEU goals of achieving economic success entails an appropriate attitude to the degree of protection of human rights in this union.

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.

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