EAEU Member States Research Articles

Foreign Approaches to Protecting Business Reputation of Legal Entities

The paper is devoted the problem of protecting the business reputation of legal entities in Russia and in foreign countries. The author elucidates various approaches to the definition and protection of business reputation and the possibility of compensation for moral harm caused to legal entities. The paper provides examples from the legislation and judicial practice of various countries, including Russia, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Brazil and China. The legislation of the EAEU and BRICS member states differs in approaches to protecting the business reputation of legal entities. In some countries, such as Armenia, Belarus and Kazakhstan, legal entities are not granted the right to compensation for moral damage, but they can demand refutation of defamatory information and compensation for damages. In Kyrgyzstan and Brazil, legal entities can claim compensation for moral damage. In China, the reputation of legal entities is protected on an equal basis with individuals, while taking into account public interests.

Migration Management in the Countries of the Eurasian Economic Union: A Comparative Analysis

The article presents a comparative analysis of migration management in the countries of the Eurasian Economic Union (hereinafter referred to as the EAEU). Both common features and differences in approaches to migration management are analyzed. The purpose of the article is a comparative analysis of the migration policies of the EAEU member states with an emphasis on identifying key problems and specific features, considering national peculiarities in the management of migration processes. The novelty lies in a comprehensive comparative analysis of the migration legislation of the EAEU member states, which has not been conducted so far. The article presents a systematization of the mechanisms used to manage migration, as well as their critical assessment in terms of effectiveness and impact on migration processes in the region. The article uses an interdisciplinary approach combining the analysis of statistical data, political and strategic documents of the participating countries. The study offers recommendations for improving interstate cooperation in the field of migration and improving the efficiency of migration management within the EAEU, as well as for developing a unified and coordinated migration policy of the Union, which is especially relevant in the context of the social dynamics of current geopolitical challenges.

Trends and Prospects for Foreign Economic Policy and Trade of EAEU Member States: The Fate of Integration Projects in Armenia

Trends and Prospects for Foreign Economic Policy and Trade of EAEU Member States: The Fate of Integration Projects in Armenia

ПРАВОВАЯ ПОЛИТИКА ГОСУДАРСТВ-ЧЛЕНОВ ЕАЭС В СФЕРЕ РЕАЛИЗАЦИИ ПЕНСИОННЫХ ПРАВ

The article discusses issues of legal policy of the EAEU member states in the field of implementation of pension rights of citizens using the comparative method. Based on the legislative practices of states, the author examines the models of state pension systems and highlights their specifics and common, advantageous features. In the process of the study, the essence and direction of reforms of state pension systems were established, aimed at solving a number of problems in reducing social tensions, with the gradual release of the budget from the burden of pension payments, reducing the unemployment rate, which helps to increase the interest of citizens in pension savings and stimulate the personal responsibility of citizens for pension provision for a decent standard of living when acquiring pension rights. It is noted that one of the fundamental principles and norms of international law in the system of protection of social and labor human rights is the right to pension provision, guaranteed by the constitutions of the EAEU member states and their obligations to fulfill the ILO minimum social standards to provide citizens with at least 40% of the level of pensions in relation to average salary. At the same time, states should direct efforts to implement policies to ensure employment, protection against unemployment and the development of non-state investment institutions in the field of pensions.

Trade and economic cooperation of the EAEU: state, dynamics, ensuring national security

The relevance of the study lies in the fact that in the context of international political and economic tensions, the role of regional integration is more important than ever. Despite the fact that the EAEU is one of the youngest integration associations in the world, the history of its existence testifies to the importance for both participating countries and third countries and the global economy, as well as conducting joint policies in various spheres of international relations. The article provides an analysis of trade and economic cooperation between the EAEU countries from the point of view of studying the history and causes of its appearance, the current state and development prospects. The current state and features of trade and economic cooperation between the EAEU countries, the main macroeconomic and trade and economic indicators of the EAEU member states are considered. It is shown that since the creation of the EAEU in 2015, measures have been taken and successfully implemented aimed at identifying and gradually eliminating factors hindering the development of integration processes. With the help of the created strategies for the development of the grouping, supranational bodies strive to minimize the influence of internal and external factors on the growth of the economies of the member countries of the union. The EAEU has significant economic and trade, as well as investment potential. According to the authors, it is important for the EAEU countries and the association as a whole to more actively implement measures aimed at maintaining the economic security of the association and the participating countries, which requires new unified approaches to training at the country and regional levels.

Some Peculiarities of Establishing the Legal Status of Military Volunteers in the EAEU and BRICS Member States

The article deals with the peculiarities of legal regulation in the EAEU and BRICS member countries, enshrining the status of volunteers who joined the armed forces of the state, the procedure and conditions of such participation and participation in armed (military) conflicts on behalf of the state. Aim. The purpose of the article is to study the legal regulation in the EAEU and BRICS member countries defining the status of volunteers who joined the armed forces of the state.Tasks. To characterize and identify the peculiarities of the legal status of persons participating in volunteer formations of the armed forces of the EAEU and BRICS member countries. To consider the new for modern Russia legal regulation that established the status of volunteers participating in a special military operation.Method. In the process of the research the set tasks were solved by the author with the use of general scientific (historical, dialectical, systematic, logical, method of analysis) and legal (comparative-legal, sociological, axiological) methods of research.Results. In most countries, the establishment of the legal status of a volunteer, including social guarantees, depends directly on the country’s involvement in a particular armed conflict or external threats that result in the need for the state to strengthen its military power and, consequently, for persons to volunteer for military service. Armenia and Russia are prime examples of such countries. Over the past two years, Russian legislation has gone a long way towards defining the legal status of volunteers.Conclusions. Analyzing the legal regulation enshrining the legal status of volunteers of the armed forces of the countries under study, it is necessary to note several directions. Thus, in fact, in all BRICS and EAEU member countries considered in the study, the participation of volunteers in the armed forces is regulated by legislation. The only country whose legislation does not provide for the participation of volunteers in the country’s armed forces is the BRICS member country South Africa. In analyzing the legal regulation of the EAEU member countries, it should be noted that the legislation of these countries has similar features. At the same time, the level of provision by the state of this category of citizens varies from its absence, as in India, to the provision by the state to volunteers of all social guarantees and equalization of their status with military personnel, as in China and Russia.

Prospects for the Convergence of the Legislation of the EAEU Countries Regarding the Legal Regulation of Artificial Intelligence

This study is devoted to the analysis of the prospects for the convergence of the legislation of the EAEU countries regarding the legal regulation of artificial intelligence (AI).Aim. To identify the need and identify the prerequisites for supranational legal regulation of AI in the EAEU. Tasks. To list the features of AI that necessitate supranational legal regulation in the context of analyzing the consequences for the purposes of the EAEU. To make a classification and analyze the prerequisites for the formation of the will of the EAEU member states to bring together the legislation of the EAEU countries in terms of legal regulation of AI.Methods. The problem-theoretical, formal-legal, logical, system-structural method and the method of comparison are used.Results. The study showed that such features of AI technologies as the ability to cause cross-border harm and the ability to autonomous processes require: a) the establishment of legal limits for delegating human authority to a machine that are uniform for the EAEU states, which is achieved by establishing administrative responsibilities for participants in the life cycle of AI systems and applications; b) developing a unified approach to eliminating the “responsibility gap” for the harm caused by AI and its legal consolidation in the law of the EAEU, which is achieved through supranational regulation of AI on these issues. The lack of “uniform norms” regarding the distribution of responsibility for harm produces legal conflicts that contribute to the creation of obstacles to the functioning of internal markets and asymmetries in the development of AI within the EAEU. The results of the analysis of the prerequisites for the formation of the will of the EAEU member states to bring together the legislation of the EAEU countries in terms of legal regulation of AI allow us to state the absence of prerequisites for a unified policy of the EAEU countries in the creation and use of AI, and consequently, the prospects for the convergence of legislation in the field of public relations through the formation of supranational legal regulation. However, the EAEU law does not contain obstacles to the implementation of a unified AI policy in the future.Conclusions. The specifics of AI technologies require supranational legal regulation of AI, at least in matters of allocation of responsibility for harm caused by AI in order to avoid legal conflicts that contribute to the creation of obstacles to the functioning of internal markets and asymmetries in the development of AI within the EAEU. Despite the current lack of prerequisites, the EAEU law does not contain obstacles to the convergence of the legislation of the EAEU countries in terms of legal regulation of AI in the event of such a decision.

Russia’s Participation in the Development of Transport and Logistics Highways of the EAEU Member States

Aim. An overview analysis of the prospects for trade and economic relations in the EAEU, the SCO countries and other interested states, coupled with interests in the geo-economic and geopolitical Eurasian space in the conditions of artificial escalation of local tensions by the collective West.Tasks. Search and evaluation of optimal routes for the development of traditional and new transport and logistics highways, their branched corridors from the perspective of strengthening economic integration agreements, security and interaction of the Eurasian Union with the SCO countries.Methods. The article uses methodological tools of spatial economics, economic, geographical and geopolitical analysis of the interests of states, analysis and synthesis of interests and synergy of interests of the participating states of global Eurasian projects.Conclusions. The study showed the possibilities of new and old transport magistral (the highway) systems (TMS), both through Kazakhstan and through the development of a unique alternative — the Northern Sea Route (NSR) with the construction of a completely new infrastructure and their maintenance. The issues of TMS on the BAM and Trans-Siberian railway were touched upon. An assessment of alternatives to TMS in terms of cost and time is given. The potential opportunities of the expanding TMS and cargo traffic along the Caspian-Caspian corridor, both overland from the east (Turkmenistan — Kazakhstan — Russia) and the western shore of the Caspian Sea (Iran — Azerbaijan — Russia), as well as along waterways along the same “North — South” corridor, are indicated.Results. An assessment of effective routes has been carried out; strategic objectives have been identified for newly opened transport and logistics highways, which are defined as “new lye routes” through the territories of the EAEU and neighboring interested states (China, India, Pakistan, Afghanistan, Iran, etc.), which gradually plan to enter into closer relations from participating observers relations in the international division of labor.

Employees’ Participation in Organization Management in the EAEU Member States: Traditions and Innovations

The paper provides a comprehensive analysis of the issues of employees’ participation in administration of an organization within the framework of the Eurasian Economic Union. The author begins the research with the history of the emergence of the right of employees to participate in the management of the organization, moving on to the analysis of current trends in corporate governance, where he pays special attention to the role of employees in making key decisions. It is emphasized that the active involvement of employees in the management of the organization not only contributes to the democratization of labor relations, but also directly correlates with increased labor productivity, improved corporate culture and overall job satisfaction. Through a historical review, the development of the idea of employees’ participation in management is shown: starting from the period of the birth of labor law in medieval Europe to modern practices in the member states of the Eurasian Economic Union. A separate section is devoted to the theoretical foundations of employees’ participation in management. The main part of the study focuses on the analysis of general trends and national characteristics of employees’ participation in the management of organizations in each of the EAEU member States. In conclusion, recommendations are presented concerning optimizing the mechanisms of employees’ participation in management at the level of the Eurasian Economic Union. Attention is focused on the need to take into account both common approaches and national characteristics. The author describes key problems and challenges that need to be overcome for the effective implementation of employees’ participation practices in management.

Algorithm for forming a set of indicators of international trade customs regulation effectiveness in the EAEU member states

The relevance of the study is due to the fact that international trade globalization and intensification increase competitiveness of not only domestic but also foreign producers, so the business sector expects to facilitate business conditions, simplify customs procedures, increase customs activities efficiency, and improve customs services provision. Goods transportation across the customs borders of countries around the world presents challenges in filling out documentation, transportation methods, information processing, and compliance with regulations that are not internationally harmonized. It leads to customs laws violations that must be detected during the customs control process. Consequently, customs regulation effectiveness will depend directly on the customs control results. The article presents a theoretical and methodological description of the procedure for assessing international trade customs regulation effectiveness in the EAEU member states, as well as a vector for developing a comprehensive set of performance indicators. The proposed assessment algorithm and the set of quantitative and qualitative indicators can be regarded as fundamental interrelated criteria that ensure improvement of efficiency of control over the customs authorities’ activities and corrective management decisions, if necessary. The application in customs practice of the proposed indicators for assessing international trade customs regulation effectiveness will contribute to customs policy effective implementation for the harmonious development of the EAEU member states’ economies, including Russia, in modern society and the basis of their sustainable political, economic and social development.

Asymmetry of the economic development of the Eurasian Economic Union: analysis and recommendations

The article analyses the asymmetry of the development of the Eurasian Economic Union countries (hereinafter referred to as the EAEU). The objective of the work is to analyse the symmetrical development of countries within the framework of the EAEU and to formulate measures and recommendations for increase of the economic potential of the countries. In order to achieve the purpose, the objective of comparative assessment on the basis of three indicators was set and overcome. The three indicators include gross domestic product per capita, investments per capita and average accrued salary. The corresponding calculations were done for each indicator, and graphs were constructed showing the general state of the economic development. During the study, the methods of factor and system analysis were applied. The initial data for the study were the official sources of the statistical authorities of the EAEU countries, the Interstate Statistical Committee of the Commonwealth of Independent States as well as publications and scientific articles related to this topic. The main problem is the uneven economic development of the EAEU member states which leads to negative consequences for strengthening the integration process. As a result of the study, some measures were proposed to achieve the symmetrical development of the countries within the framework of the EAEU, and recommendations were prepared for the effective development of interaction between the member countries of the integration association. Following the results of this work, a conclusion was formulated on strengthening ties between the countries by focusing on a mixed economy with government regulation, infrastructure development and increased investment activity.

The Development of Industrial Cooperation Among EAEU Member States

The Development of Industrial Cooperation Among EAEU Member States

CONSTITUTIONAL AND LEGAL BASIS FOR ENSURING THE TRANSPORT SOVEREIGNTY OF RUSSIA IN CONNECTION WITH THE NETWORK DEVELOPMENT OF INTERNATIONAL TRANSPORT CORRIDORS

Introduction. The article, in a constitutional and legal context, examines the concept of transport sovereignty of the state as an integral part of the territorial, economic, and technological sovereignty of the state. International transport corridors (ITC) are created with the participation of Russia, help strengthen the transport sovereignty of the Russian state, and act as new network transport infrastructure structures for international transport. It is noted that the security of the transport system is under federal jurisdiction and is ensured by constitutional measures of national, regional, international regulation and control in the field of federal transport, communications, information, information technology and communications. Materials and methods. Analytical materials were used on the Eurasian cooperation of the EAEU member states on the creation of the ITC, on the coordination functions and powers of the EAEU bodies, the State Council of the Russian Federation, the President of the Russian Federation, the Government of the Russian Federation, the Ministry of Transport of Russia, the Ministry of Finance of Russia and others on the development of the ITC and the transport system as a whole. Methods of comparative analysis of legal acts on the topic of the article were used. Results. The importance of the ITC for the transport sovereignty of Russia and the Agreement on the ITC «North-South» of September 12, 2000 are analyzed. It is noted that in the world of innovation and digital economy, ITCs are included in transport systems. Discussion and conclusions. The constitutional and legal nature of strategic planning of the transport industry with the participation of the State Council of the Russian Federation is noted. In this regard, strengthening legal regulation measures to ensure the technological and transport sovereignty of the state at the international and national levels can be considered as ways of constitutional and legal protection of the foundations of the constitutional system, the interests of the state and society.

E-commerce in food products in the EAEU member states: a sociological aspect

An initial testing of the developed sociological research methodology was carried out, aimed at assessing the level of consumer protection in the EAEU member states, including in the implementation of electronic commerce. Primary results are presented that reveal the behavior of consumers purchasing food products in online stores, as well as consumers’ assessment of the quality of e-commerce services.

ISSUES OF "GREEN" ENERGY TRANSITION: LEGAL ASPECT

In modern socio-economic conditions, the issues of sustainable development, sustainable economy, resource efficiency and reduction of greenhouse gas emissions have become relevant, and in this regard, the issues of «green» economy, energy transition are being discussed. However, there are no established legal definitions of the terms "green" economy and «energy transition». In the conditions of energy transition, the issues of the «green economy» are relevant for the states that are members of the Eurasian Economic Union (hereinafter referred to as the EAEU) and the Union State (Russia – Belarus). In the conditions of energy transition, new objects of property rights appear (for example, carbon units), new contractual structures are applied, energy efficiency requirements are established when organizing purchases for state and municipal needs, etc. In this regard, it seems relevant to conduct an analysis of the regulatory legal framework of the «green» energy transition in order to substantiate proposals for the development of legislative support for entrepreneurial (economic) activities in the conditions of energy transition. The purpose of the study is to reveal the legal aspect of the «green» energy transition based on the analysis of regulatory legal acts, program documents, scientific statements about the «green» economy and energy transition. Materials and methods. Regulatory legal acts, program documents in the field of regulation of relations related to energy transition, and special literature have been collected for the analysis. The study was conducted using the methods of generalization and analysis, including comparative one. The results of the study. The legal aspect of ensuring energy efficiency, the formation of a low-carbon economy and the reduction of greenhouse gas emissions, a closed-cycle economy in Russia, in the states of the Eurasian Economic Union and in the Union State is considered. Examples of regulation in the regions of Russia of relations on the formation of a circular economy are given. Based on the conducted comparative analysis, it was revealed that the category of «green» economy is used in program and strategic documents, subordinate regulatory legal acts. At the same time, different terms «green economy», «green investments», «green financial instruments», «closed-cycle economy», «circular economy», «green energy», etc. are used. Conclusions. It seems appropriate to improve legislation in the field of regulation of relations connected with energy transition. It is advisable to adopt sectoral and regional plans for adaptation to climate change and energy transition. It is expedient to substantiate and develop proposals for the formation of a concept of legal regulation in the field of energy transition, including common approaches, principles of regulation of the «green» economy in terms of energy transition within the general policy of the EAEU member states and within the Union State.

Libertarian principles of labor law in the member states of the Eurasian Economic Union

Objective: to define libertarian principles of labor law, to establish their place in the system of labor law, and to identify problems related to their implementation in the law enforcement practice of EAEU member states.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-legal, comparative-legal, and method of specific sociological research.Results: based of natural-law and libertarian concepts of legal understanding, the author formulates a definition of the “libertarian principles of labor law” concept as guiding ideas that embody freedom and underlie the labor law construction. The author determines the vector of its further development in the regulation of labor and associated relations. The main libertarian principles of labor law are proposed and analyzed: a) freedom of labor force movement; b) freedom of labor and the right to work; c) prohibition of forced labor; d) freedom of contract (specified as the principles of freedom of labor contract, freedom of collective bargaining, agreement); e) freedom of association; f) freedom of collective bargaining, freedom of choice in discussing issues within the sphere of labor, voluntariness of the parties’ taking obligations (as the main principles of social partnership). The study results are expressed in theoretical conclusions and assessment of labor legislation of the EAEU countries in terms of the libertarian principles of labor law completely reflected and guaranteed in them.Scientific novelty: the paper is the first to analyze libertarian principles of labor law as a separate group of principles of labor law in the EAEU member states and to reveal the legal nature and system of libertarian principles of labor law.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the consideration and resolution of labor disputes, in overcoming gaps and legal conflicts in labor legislation.

Assessment of Implementation of GMP Rules Requirements at Pharmaceutical Drugs Production Enterprises in Kyrgyz Republic

As everyone knows, since May 29, 2014, the Kyrgyz Republic has been a member of the Eurasian Economic Union. With its accession to the EAEU, the Kyrgyz Republic joined international treaties concluded by the EAEU member states, which were harmonized with each other and, together with other agreements, uniform rules for the pharmaceutical drugs production were adopted. It should be noted that according to the bill “On the circulation of pharmaceutical drugs”, in accordance with the provisions of the acts of the EAEU, until 2026, all entities engaged in the pharmaceutical drugs production must implement the appropriate GMP standards, which means a complete transition in the sphere of circulation of pharmaceutical drugs from the concept of “quality control” to concept of “quality assurance”.

A methodology for assessing the impact of integration processes on the achievement of sustainable development of the EAEU member states

Subject. This article considers the variety of forms of economic integration and the environmental factor importance in the development of the world economy. Objectives. The article aims to analyze the policies of various integration associations to achieve the Sustainable Development Goals. Methods. For the study, I used an econometric analysis. Results. The article presents an author-developed model that can help assess the impact of various policies to achieve Sustainable Development Goals on the integration of a country (group of countries) into the global economy. Conclusions. The results of the study can be used to assess policy initiatives aimed at achieving the Sustainable Development Goals.

Перспективы наднационализации банковского регулирования и надзора в ЕАЭС в формате «мини-Базель III»

The objectives of economic integration suggest countries’ mutual efforts to their implementation. In fact, the post-crisis recovery demonstrated that there is virtually no alternative to Basel III standards and recommendations in protecting against external shocks and strengthening the stress resilience of banks. Besides, in the EU, the Basel III mechanism has become the basis for the standardization of regulatory policies. However, in the EAEU, integration processes are still missing any banking regulation accords, while the variety of the national regulatory regimes hinders integration and slows down the process of supranationalization of the regulatory architecture, threatening the exacerbation of systemic risks and, ultimately, the erosion of strategic focus within the framework of the EAEU’s single financial market and the EAEU integration at large. This article is the first attempt to propose the perspectives of bringing together the national regulatory regimes in the EAEU based on Basel III as well as reaching the consensus in the “Mini-Basel III” concept in order to further strengthening the economic basis of integration processes, including minimization of systemic risks and ensuring financial stability. Based on the analysis of banking supervision standards in the EAEU member states and their quantitative metrics in 2015–2024 (i.e., from the moment the Basel III standards have been phasing-in in the EAEU member states), we came to the conclusion that different regulatory regimes are the main source of systemic risks, while single regulatory regime will minimize systemic stress subject to implementation of the Mini-Basel III framework. Furthermore, taking into consideration the increasing uncertainty and riskiness in the Eurasian financial market, we have developed scenarios of financial integration that are based on the Mini-Basel III concept and without it. At the same time, the dominance of implicit and often apparent advantages of the different vs. single regulatory regimes, as well as sanctions imposed on Russia and the threat of secondary sanctions against the remaining EAEU member states will impede implementation of the Mini-Basel III concept. The proposed Mini-Basel III concept could be used by financial regulators in developing an EAEU supranational banking regulation mechanism, including for regulation of the prospective regional banking union.

Implementation of the Paris Climate Agreement in the Legal Systems of the EAEU Member States

The Paris Climate Agreement provides for the acceptance by the participating States of obligations, which this treaty enshrines as «nationally determined contributions» (NDC). The goal of these commitments is to reduce greenhouse gas emissions and keep global temperature increases well below 2°C compared to preindustrial levels. This mechanism has a number of legal features: first, each state establishes NDC independently, reports them to the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC), acting as the meeting of the Parties to the Paris Agreement, and registers them with the Secretariat. From this moment, a new international legal obligation of the state to implement the NDC arises. Secondly, it can be changed only in the direction of greater «ambition», that is, by increasing targets for limiting greenhouse gas emissions. Thirdly, the Paris Agreement does not require the coordination of national measures with the rest of the parties to the treaty. Each participant in the Paris Agreement represents an NDC, which determines the scope of its own obligations without the participation of other states, unlike the mechanism provided for in the GATT and GATS, where WTO member states are required to coordinate their national measures with the rest of the participants (Goods schedule / Services schedule). Fourthly, the monitoring mechanism provides for the first stage of summing up in 2023, when an assessment of the progress towards achieving the goals of the Paris Agreement will be given.A comparative analysis of the NDC of the EAEU member states, all of which are parties to the Paris Agreement, allows us to generalize. The Republic of Kazakhstan and the Russian Federation announced the achievement of carbon neutrality by 2060, the rest of the states — by 2050. Some states (the Republic of Belarus, the Kyrgyz Republic, the Republic of Kazakhstan) have set two targets for the implementation of NDC: conditional (achievement of the indicator with international financial support and access to modern technologies) and unconditional (achievement of the indicator at own expense). The level of development of the legal framework for the implementation of the NDC of the Republic of Armenia, the Republic of Belarus and the Kyrgyz Republic is inferior to the level of the Russian Federation and the Republic of Kazakhstan in terms of limiting greenhouse gas emissions, turnover of carbon units and taxation of carbon emissions (introduction of a carbon tax). At the EAEU level, the member states have adopted a roadmap on the climate agenda, and much work remains to be done to develop a regulatory framework.