The Impact of European Law on the Development of Legal System of Russia

Abstract

Introduction The European Union and the Russian Federation are geographical neighbors and prior trading partners for each other, demonstrating the expediency of the development of more compatible regulations and standards by Russia that is currently particularly evident in the field of regulation of relations connected with economic activities, trade, service, investment, etc. This process is possible due to the relative openness of the modern Russian legal The interaction of the Russian and European law is based on both and constitutional law. In accordance with the Constitution of the Russian Federation (Art. 15, part 4), international treaties and agreements of the Russian Federation shall be a component part of its legal system. This constitutional provision is fully applicable to the European treaties and agreements in force in the territory of the Russian Federation. It should be noted that not all European laws are enacted into the Russian legal system, but only that part of its Convention, which directly involves contractual obligations of Russia, resulted from the official Russians accession to the Council of Europe (Pociovalisteanu and Thalassinos, 2008; Thalassinos and Pociovalisteanu, 2009; Stroeva et al., 2016). Cooperation between the Russian Federation and the Council of Europe was marked by the change in conceptions of human rights in the Russian legal ideology and legal system in general. Investigations in the sphere of the influence of European law on the Russian legal system are very relevant at the present time, as the inclusion of elaborate EU standards into domestic legislation will make it possible to improve the Russian law, which ultimately will benefit the state and ordinary citizens. Literature review The important elements of the theoretical foundation of the article are the works of the Russian and foreign scientists having created and developing the modern doctrine of European law, including with respect to the study of the legal regulation of relations between the Russian Federation and the European Union. Among the foreign scientists having studied the legal aspects of the relationship between Russia and the EU are K. Hilliona, S. Blokmansa, R. Leal-Arkas. In the science of our country these problems are fundamentally highlighted in the works of Russian lawyer M.L. Entin. General aspects of legal regulation of the Russian Federation and the European Union's relations are studied in the works of E.J. Kovalkova, specific regulatory issues of the work of trade cooperation are investigated by O.F. Artamonova, and the problem of the EU-Russia cooperation in the field of freedom, security and justice are analyzed in the scientific works of E.V. Kiselyov. In the scientific works of the prominent Russian researcher of legal regulation of the relations between Russia and the European Union P.A. Kalinichenko examines the impact of relations between Russia and the EU on the legal system of the European Union, the implementation of the bilateral framework of EU-Russia relations in the Russian law and practice of the Russian courts. In general, a comprehensive study of the impact of European law on the Russian legal system is one of the problems in the unexplored domestic jurisprudence that determines the relevance of this article. Methods of study The methodological basis of the work includes various methods of scientific research: analysis and synthesis of ascent from the particular to the general, induction and deduction, systemic, dialectical, and others, and special legal (formallogical, structural legal, etc.). As the methodological basis of research package and systemic approaches are applied to the analysis of the legal problems associated with the obligations resulting from the need to implement the European legal standards in the Russian legal In addition, an important place in the study was given to the historical and legal, comparative legal methods. …