Формирование концепции евразийского интеграционного правопорядка в отечественной юриспруденции

Over the past ten years, leading scientists have been actively discussing the prospects and directions for the development of Eurasian integration as a necessary tool for economic, political, and social well-being. In modern crisis realities, one of the most effective ways of development is enhanced regional integration, the purpose of which is to overcome the pandemic, internal and external challenges, barriers, on the basis of the principles of mutual assistance. The scientific work is devoted to the study of the formation of the Eurasian integration space in the current perspective as an urgent issue of our time. The purpose of the scientific work is to study possible ways to form the Eurasian integration space in the current perspective. Research objectives: to conduct a general analysis of the development of integration ties and processes, assess cooperation in the Eurasian space in the 1st quarter of 2025, determine the level of indicators in the economic sector, and form possible ways to combine efforts of foreign economic activity, taking into account the given innovative and digital vector of development using the example of integration models. Methods of scientific research are historical analysis, analytical method, forecasting method, statistical analysis method, classification and generalization methods. As a result of the scientific article, integration models were proposed, taking into account the effective concept for the formation of the Eurasian space in the current perspective.

The publication covers the international research and practice conference, which was held online on the 17th of November of 2020 with the participation of employees of the Institute of Post-Soviet and Interregional Studies at the Russian State University for the Humanities, as well as representatives of the scientific community of the CIS. The conference was dedicated to the thirtieth anniversary of the Commonwealth of Independent States (8 December 1991). The participants discussed the most relevant issues of humanitarian cooperation in the Eurasian space, including interuniversity partnership, interaction of leading research centers in the Commonwealth countries, the preparation of joint educational and methodological guides and programmes and other projects that would facilitate the formation of the unified Eurasian information space and speed up the processes of social and cultural (humanitarian, broadly speaking) integration. Issues related to studies of Russian language in post-Soviet states, as well as to preserving the national traditions and international representation thereof, were discussed in close conjunction with the issues of humanitarian integration. Special attention was paid to subjects concerned with preserving the memory of the Great Patriotic War, including cooperation between search teams and arranging international search and commemorative projects on the territory of post-Soviet states. The conference participants also raised issues related to security in the post-Soviet states as well as to joint solutions to such acute challenges for the Commonwealth as illegal migration and drug trafficking.

The purpose of the article is to analyse the perspectives of co-operation between the Baltic countries and the Eurasian Economic Union member states. To conduct study and draw conclusions as a research method were applied situational analysis. During analysis were identified the following elements-events of recent years associated with the: imposing of economic sanctions against Russia, creating of Eurasian Economic Union (EAEU), China’s Silk Road Economic Belt Initiative, NATO activities connected with the increasing major exercises conducted by Alliance on the borders of the EAEU member states, policies of the Baltic states. The object of the study is the relations between the EAEU member states and the Baltic countries. The subject of the study is the political and economic aspects of the EU, Eurasian integration and the Silk Road Economic Belt. Dependent variables used in the research: the official position of the EAEU, the official position of the EU, Silk Road Economic Belt, trade and economic interaction, the regime of economic sanctions, normalisation of ties between Russia and the EU, territorial aspect, infrastructure, bilateral legal framework. Independent variable used in the research: NATO. It is analysed the crucial role of intensifying relations between the Russian Federation and the European Union in creating favorable conditions for the restoring relations between the Baltic countries and the Eurasian Economic Union member states, as well as strenghten relations between European Union and Eurasian Economic Union. It is noted that the relations between the European Union and Russia are not interrupted, trade and economic co-operation continues, but at a lower level. It is analysed relations between Baltic states and EAEU member states, including economic interaction and the legal basis. It is highlited the importance of full restoration of economic and trade ties. One of the key issues of the article is that the integration processes in the Eurasian space have activated the process of implementation which is dynamically developing within EAEU. It is stressed that the formation of transport corridors in the territory of the EAEU member states is one of the key tasks within the conjunction of the EAEU and Silk Road Economic Belt. It is noted that to activate these projects, a legal framework of bilateral basis is needed — bewteen China and countriesparticipants of the EAEU. It is stressed that China is interested in co-operation with the EU within the Silk Road Economic Belt. It is shown that the strategic vector of the Baltic states, as well as the EU, the EAEU and the Belt and Road initiative, is economic. The intensification of relations and the strengthening of economic ties between the EU and the EAEU is possible after the lifting of mutual sanctions. It is noted military activity of NATO at the border zones of the Baltic countries with the Russia and Belarus as a negative factor affecting the relations.

This review explores Russian academic debates around migration, highlighting theoretical, empirical and policy issues which are specific to the Former Soviet Union (FSU). In global terms, FSU migration volumes are high: the Ukraine-Russia migration corridors are second only to those straddling the border between Mexico and the United States. Russia’s wealthiest regions are the primary destinations of both internal and FSU migrants. In line with global trends, the response by host countries’ populations and authorities is one of hostility informed by media-fuelled xenophobia. The chaotic and disruptive nature of post-socialist transformations has buffered the effects and lessened the perception of the multiple crises which have enveloped the European Union in the last decade. Eurasian integration and the rift with the West have produced different economic and political conjunctures, whose defining moments are the Ukrainian conflict, Western sanctions and worsening terms of trade for key exports. In Russia, migration debates have focused on FSU-specific emergencies including demographic unbalances, the repatriation of the Russian diaspora and the prospects of large scale Central Asian migration. Migration processes, their subjective understanding as well as Russian policies directed at them, have been informed by the long history of mobility across the Eurasian space. FSU migrants who make up the vast majority of Russia’s migrant population still view the latter as ‘a common house’, a transnational space open to all FSU citizens irrespective of current nationality.

The article is devoted to the media vector of development of the Eurasian integration, the informa- tion space of the Eurasian Economic Union (EEU), since one of the tasks of the EEU is to provide the CIS countries with complete information about the goals and objectives of the Eurasian project, since for a generation that grew up in conditions of independence, this idea should be clarified. Given the fact that the foundation of the EEU was laid in the 20th century, there is currently no comprehensive picture of the development of the integration process in the informational aspect in the post-Soviet space and, in particular, in Kazakhstan. In this article, the authors will try to fill this gap. The purpose of the study is to analyze the current stage of development of Eurasian integration in the media context. The research methods are: historical, complex analysis, theory and concept of the development of integration in the Eurasian space. The scientific significance of the study lies in the fact that for the first time the development of the concept of “Eurasia”, Eurasian integration in historical and modern aspects is covered through the prism of the media context, the development of the information space in Kazakhstan, on the example of mass communication materials and research centers of Eurasia in the CIS countries. The creation and develop- ment of Eurasian centers, projects, media sites, portals, mass media, conferences, round tables, active cooperation, mutual exchange of experience, knowledge, ideas – all this contributes to strengthening integration in Eurasia. The results and conclusions of the article will be of practical importance in the further study of the Eurasian processes, better coverage of integration issues in the region. Key words: media, Eurasian integration, Eurasian centers, Eurasian Economic Union.

The search for a new democratic order in Europe after World War II was marked by the creation of a system of human rights protection based on the rule of law and a guarantee for every person under their jurisdiction human rights and fundamental freedoms. A system based on the effective cooperation of Member States of the international community should, in practice, become the one that determines the capacity of a particular entity, a particular institution, working alone or in collaboration with others. In the scientific literature, the idea of human rights, reflected in studies of European state building and public administration, has been developed into a theoretical concept that has become the basis of a social institute of human rights legitimized as a result of institutional processes at all levels of global and European governance. Given the current geopolitical changes, the migration crisis, environmental problems, armed conflicts and terrorist attacks, human rights are constantly being violated; public authorities, both national and integrational, face the challenge of finding effective mechanisms for ensuring the survival and development of human society. That is why the purpose of the article is to identify the particularities of the functioning of the EU's institutional human rights protection system in the context of finding an effective model of the human rights protection system. The EU's main institution is the Council of Europe, which has proven itself to be the most effective object of the system during its existence. The tasks of the countries which have acceded to the Council of Europe indicate the need to create a common ground for understanding the rule of law, as well as freedom and human rights. In this context, it should be emphasized that the effectiveness of the institutional system created to protect human rights is linked to certain standards, including the decision-making process legally enshrined in both international and national law. The Council of Europe and its Member States, in the interests of respect for and protection of liberties and human rights, should make every effort to ensure that all mechanisms, including political monitoring and control by the European Court of Human Rights, are used. It is argued that the effectiveness of human rights protection systems in the EU depends largely on the effectiveness of the procedures for implementing and monitoring the implementation of commitments made by individual countries. Attention is drawn to the fact that no state can ignore the values that are fundamental to the democratic identity of the entire international community, which they are bound to uphold. This also applies to Ukraine, which has ratified the European Convention on Human Rights and has to implement its requirements in domestic law. The main instruments and mechanisms of the European Union are being considered to help address human rights issues in the Member States. The functions of the main actors in the human rights protection system, in particular the European Court of Human Rights, are analyzed. An important condition for the effective functioning of the system is interinstitutional cooperation betweenSecretary General of the Council of Europe, Commissioner for Human Rights and the Tribunal of the European Court of Human Rights. It has been identified that one of the standard sets is to achieve a high level of human rights protection,which depends on the effectivenessof the procedures for fulfilling and controlling the commitments undertaken by member states of the Council of Europe. The effectiveness of the control procedure and the specific control mechanism increases only when a complaint is submitted to a competent, independent body, preferably a law enforcement one. This depends on the legal education of the population, which should be aware of the choice of instruments and mechanisms to protect their rights in a particular situation. Similarly, the issues of regulation of the sphere of official competence, which enable them to perform their function without any external pressure, also need legal justification. The choice of specific action methods by the state to ensure the protection of human rights, remains free, however, as a rule, it is limited and determined by the purpose or result set out in aparticular international agreement. The current activity of the Council of Europe proves that one of the main areas of its work is the creation of constitutional standards oriented towards the democratic development of Member States' political systems based on the values associated with freedom and human rights, which form its fundamental basis. These standards are transposed into the internal legal systems of the Member States. Thus, the theoretical foundations that characterize the human rights protection system indicate that in the process of creating human rights standards, the Council of Europe's «soft instruments», including, above all, recommendations, occupy an extremely important place. A very important incentive for Member States to fulfill their obligations before the Council of Europe is not only the quality of its specific monitoring and control procedures, but also the fact that the European Union itself clearly states that a country which does not comply with the principles and standards of the CoE does not have a chance of EU membership. It is noted that, regardless of levels, the process of European integration is based on broadening the sphere of democratic values and standards in order to better protect human rights and ensure the successful development of European communities. Respect for human rights is first and foremost the task of national authorities. This also applies to Ukraine which is seeking to become a full member of the EU.

The paper discusses present-day developments in interregional integration within the Eurasian Economic Union. It studies the interregional and cross-border cooperation in the Eurasian Economic Union and attempts to determine the ways to increase the effectiveness of such cooperation in the Eurasian space. The present study includes a review of theories that define the critical concepts of interregional cooperation. It explores the fundamental models that characterize interregional and cross-border cooperation in Russia. Authors present the results of their sociological diagnostics that cover a questionnaire and interviews with experts in interregional cooperation, Eurasian integration, and international relations. The study shows that at present, Eurasian integration is reduced to economic cooperation and offers an overview of potential vectors for the development of interregional and cross-border cooperation in the Eurasian Economic Union. The first vector implies the promotion of cooperation between Eurasian nongovernmental organizations and universities to establish the mechanisms of interregional integration and to carry out joint social and research projects. The second vector covers the search for and application of the best practices of cooperation that already take place in the Eurasian Economic Union and developing a gold standard based on the available resources and conditions. The third vector includes the development of a unified trajectory of public diplomacy in the Eurasian Economic Union and the implementation of public diplomacy projects between Eurasian states.

Protection of constitutional identity in light of the jurisprudence of the Constitutional Court of the Republic of Poland – a comparative study

In an article written in the second volume of the American Journal of International Law in 1908, Lassa Oppenheim was to reflect upon the various tasks that he believed needed to be undertaken in the development of the 'science of international law', foremost amongst which was the 'exposition of existing recognized rules of international law'. He was to maintain, however, that in order to satisfactorily fulfil that task, scholars necessarily had to have 'a knowledge of the history of the rules concerned'. Even those who either avoid, or see no need for, the writing of grand narrative histories of international law as part of their engagement with the discipline, will inevitably have to marshal and deploy historical material. There is considerable unease amongst those who take legal history seriously about the perceived failure on the part of international lawyers to deal with historical material in a rigorous manner. Keywords: international law history; Lassa Oppenheim

Introduction. The problem of the article is to focus on a range of aspects in the field of integration of science and higher education, which play an important role in the process of establishing the Eurasian scientific and educational space. The purpose of the article is to identify factors contributing to successful Eurasian integration in the process of establishing scientific educational space within the university. Materials and Methods. The theoretical and methodological basis of the study is made up of general scientific (philosophical) methods and a systematic approach. The subject of the study required the use of a combination of different approaches, primarily systemic, which allowed to conduct the correct analysis of applying historically established and modern educational technologies and practices in Eurasian education, as well as to describe some aspects of the effective integration of science and education in the Eurasian space. The object of the study is the experience of the University under the IPA EurAsEC on developing a system of scientific, organizational, research, publishing and educational activities in the Eurasian space. The authors used the following research methods: comparative, historical, interdisciplinary, content analysis method, etc. Results. The article considers the experience of using methods of ethno pedagogy in preparing innovative staff for the Eurasian space as a means of developing scientific and educational cooperation, expanding Eurasian integration, and giving it a humanitarian dimension. The authors substantiate the idea that strengthening and expanding the capabilities and needs of a unified Eurasian scientific and educational space should be considered as conditions for achieving effective cooperation in the field of science and education, allowing to restore professional communication of researchers from different Eurasian countries, update the content of higher education and contribute to bringing new scientific knowledge to the scientific community. The authors emphasize that a significant contribution to the development of the Eurasian integration process is made by the University under the IPA EurAsEC, which initiated a number of international projects contributing to the inclusion of new scientific knowledge and methods in the educational process within the framework of Eurasian economic integration. Conclusions. The article concludes about the values of higher education and about a need for integrating science and education as a basis for further development of Eurasian integration process. The authors draw the conclusion that today integration must be based on the historical experience of cooperation between Eurasian states in the field of science and education. Such interaction is considered to be the basis for further successful integration.

Some say that the Union is built by moving from crisis to crisis. Crises in the last decade which affected the Union and its citizens concerned, inter alia, public finance (the financial crisis, 2008), migration (2014), public health (the COVID-19 pandemic, 2020) and the rule of law crisis (2018). This paper focus on the latter. It has been noted that some Member States have been happy to receive the benefits of EU membership, specifically the financial ones, while their commitment to European values, including the rule of law (Article 2 TEU), has been lacking. Since many instruments applied by EU institutions to improve this situation have proved rather insufficient, halting transfers of EU funds to these recalcitrant Member States has been touted as the way that might solve this crisis. Accordingly, a draft regulation was put on the table that authorised the EU institutions to suspend EU funds if a Member State is found to be in breach of the rule of law. This draft aimed to make the transfer of EU funds to the Member States conditional upon their continuous respect for the rule of law (and therefore became known as ‘the rule of law conditionality’). This paper comments on this draft as first proposed by the Commission in 2018 (Proposal for a regulation of the European Parliament and of the Council on the protection of the Union budget in the event of generalized gaps in the rule of law in the Member States [COM (2018) 324 final).], amended in 2019 by the European Parliament [European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324–C8-0178/2018–2018/0136(COD)); https://www.europarl.europa.eu/RegData/seance_pleniere/textes_adoptes/provisoire/2019/04-04/0349/P8_TA-PROV(2019)0349_EN.pdf. A draft version of these provisions was presented in von Bogdandy and Łacny (Suspension of EU funds for breaching the rule of law - µ a dose of tough love needed? European Policy Analysis 2020, No 2, p. 1–15, https://sieps.se/en/publications/2020/suspension-of-eu-funds/, 2020).], and finally adopted by the European Parliament and the Council as Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget [Hungary and Poland voted against it and it is expected that its validity will be challenged before the CJEU via an action for annulment (Article 263 TFEU).] (henceforth called ‘Regulation 2020/2092′). This Regulation, containing 29 recitals in the preamble and 10 articles, entered into force on 1 January 2021 (Article 10 Regulation 2020/2092.). In the conclusions of the European Council meeting in December 2020 it was however accepted that it will be applied only in relation to budgetary commitments starting under the new Multiannual Financial Framework (MFF) 2021–2027, including Next Generation EU [Conclusions of the European Council meeting, 10 and 11 December 2020, para I (2) (k) https://www.consilium.europa.eu/media/47296/1011-12-20-euco-conclusions-en.pdf.]. This paper provides the legal characteristics of rule of law conditionality established under Regulation 2020/2092 and aims to determine whether financial incentives can restore compliance with the rule of law in Member States. Or in other words, is it all about the money?

This paper discusses the strengths and weaknesses of the rule of law conditionality contained in the Proposal for a Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States. The proposed Regulation establishes a link between a Member State’s violation of the rule of law and the suspension of EU payments. The text examines the effects of the connection between the rule of law and EU money, both for the erring Member State and for the EU as a whole. The discussion shows that, despite the fact that the EU-level approach to the rule of law has significant benefits, it, at the same time, creates new risks. It may undermine the balance of powers in the EU by expanding the political and economic power of certain Member States over others, the power of EU institutions over Member States, and the power of the European Commission over other EU institutions. It is also questionable whether there is a sufficiently strong causal relation between the rule of law deficiency and threats to the EU’s financial interests. Most importantly, it is uncertain to what extent the rule of law conditionality will lead to the true transformation of negative, anti-rule-of-law trends in some Member States, which raises the question of whether the Rule of Law Proposal is capable of responding to the current challenges. Keywords: rule of law, conditionality, legal basis, sufficiently direct link, Art 7 TEU, Commission, Hungary, Poland. This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. Suggested citation: I Goldner Lang, ‘The Rule of Law, the Force of Law and the Power of Money in the EU’(2019) 15 CYELP 1.

Today, Eurasian issues are the subject of quite active study in Russia, post-Soviet countries, and abroad. In Russia, Eurasian studies are actively conducted at St. Petersburg State University, Moscow State University, MGIMO University, People’s Friendship University of Russia (RUDN University), Southern Federal University, and others. After the fall of the USSR, subsequent integrational processes in this region came into force and brought a new field of research in scholarly literature – post-Soviet studies. Within this framework, Russian and foreign scholars have been undertaking efforts, on the one hand, to produce an adequate terminological apparatus and conceptual framework and, on the other hand, to analyze the empirical data on the evolution of integrational processes in the former Soviet space. However, in the 2000s, the opinion that the concept of “post-Soviet space” did not reflect the entire range of geopolitical events, and experiences from its “imperial” past became prevalent in political discourse. The so-called civilizational approach to the determination of the space concerned is gradually becoming more popular in Russian political thought. The terms Eurasia and Eurasian space were suggested to be the most accurate. From the perspective of the Russian researchers, three “Eurasias” coexist in social sciences: “Eurasia as the post-Soviet space,” “Eurasia as a framework for the Eurasian ideology,” and “Eurasia as Europe and Asia.” Finally, today, the most popular concept among Russian experts and scholars is the “Greater Eurasia,” which emerged after Russia and China came up with the concept of a Greater Eurasian partnership or community as a common space for economic, logistic, and information cooperation and for peace and security from Shanghai to Lisbon and from New Delhi to Murmansk. Thus, the subject of modern Eurasian studies in Russia has both regional and global dimensions. It is not limited anymore by “post-Soviet” space and finds itself in current Eurasian integration in the framework of the “Greater Eurasia.”

The issue of the rule of law has been on the European Union’s (EU) agenda since the beginning of the 2010s. The legal history of the EU shows that the EU’s approach to the topic of the rule of law underwent significant changes. Initially, the Member States called for guarantees of fundamental rights in EU institutions. This trend began to change in the late 1990s and early 2000s, when the possibility of European rule of law control over Member States and the predecessor of the current Article 7 of the Treaty on European Union (TEU) were introduced by the Treaty of Amsterdam. However, the idea that the EU institutions can constantly monitor the Member States in the name of the rule of law has only emerged and started dominating the European political agenda since the early 2010s. Over the last decade, the EU institutions have continuously expanded their toolkit for monitoring Member States in this regard.Following calls from some Member States and the European Parliament, in 2014 the Commission set up the new EU framework to strengthen the rule of law. In the same year, the European Council introduced an annual rule of law dialogue. In 2016, the European Parliament proposed the establishment of an annual rule of law report that monitors all Member States. At first, the European Commission was reluctant to accept this idea, but finally it introduced an annual rule of law report in 2020. However, the EU’s policy on the rule of law suffers from fundamental shortcomings, which were especially visible during the first wave of the coronavirus crisis in the spring of 2020. In the pandemic situation, it has become even more apparent that the EU’s policy on the rule of law raises a significant issue of EU institutions exceeding their competences and stands on a questionable legal basis.Criticisms formulated against Hungary during the pandemic have revealed that the EU institutions do not provide sufficient guarantees for an objective examination of the situation of the rule of law in the Member States. The situation brought about by the coronavirus has also raised a number of questions regarding the lawful functioning of EU institutions, which shows the need for a rule of law mechanism capable of verifying that the EU institutions themselves also properly respect the rule of law.

INTRODUCTION. The UN Charter entrusts the General Assembly with the obligation to “initiate studies and make recommendations” to promote the progressive development of international law and its codification. This mandate is primarily implemented through cooperation of States within the UN International Law Commission (ILC). Beyond the ILC’s work, the significance of scholarly research in international law – whether individual or collective – remains debated, including the very validity of the term “unofficial codification of international law”. This article explores the practical impact of legal scholarship on the evolution of contemporary international law, particularly in light of the UN Charter’s reference to the “teachings of the most highly qualified publicists”.MATERIALS AND METHODS. The article calls attention to the relevant provisions of the UN Charter (including such its integral component as the Statute of the International Court of Justice), and to the ILC documents, and to scholarly works on general international law, which cover its codification, progressive development and historical dimensions–by both domestic and foreign experts. Methodologically, it employs general scientific approaches (analysis, synthesis) and specialized legal methods, notably comparative legal analysis.RESEARCH RESULTS. The UN Charter notion “the teachings of the most highly qualified publicists” means a special part of the broader concept – “the science of international law”. Merely addressing a particular topic of international law is not enough for qualifying its results as one of the “teachings” in the sense of article 38 of the Statute of the International Court of justice; a sort of key characteristics of such a “teaching” are suggested: the scholarly (academic) nature of a publication on the results of such international law research; taking into account the system of international law (that is, results of the research are not to be a fragmented presentation of a position regarding a specific issue of international law in isolation from its overall system); the professional achievements of the author of a publication in the area of international law, their recognition within the international scholarly community. The notion “the teachings of the most highly qualified publicists”, as it is used in the UN Charter and in its Commentaries, refers first of all to theoretical contributions on issues of international law that are produced by scholars, either individually or collectively; the term does not mean a document of a State.DICUSSION AND CONCLUSIONS. The literature on international law demonstrates a variety of opinions relating to the role of legal research in the development of international law and its systematization, including different opinions as to the relation between the term “the science of international law” and the “teachings of the most highly qualified publicists”, as provided in Art. 38 of the ICJ Statute. What is suggested in foreign legal publications is, in particular, a positive description of the list of international lawyers whose works were already cited by the ICJ. The authors of this paper take a more critical approach, identifying that in this list the majority are scholars from the USA and Western Europe. In contrast, no doctrinal contributions of scholars from Russia or China, or from Africa or Latin America were cited by the ICJ. Such underrepresentation of legal research done in countries and regions noted above does not mean that international laws scholarship is less developed in these regions that in the USA and Western Europe. Rather the dominance of Anglo-Saxon legal scholarship in the ICJ practice is facilitated by other factors, including political ones, as indicated in this paper.