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MAIN PAGE > Journal "International Law" > Rubric "Integrational law and supernational associations"
Integrational law and supernational associations
Akopdzhanova M.O. - Legal regulation of the activities of the Eurasian Economic Union pp. 1-8

DOI:
10.7256/2306-9899.2015.1.13392

Abstract: This article reviews the legal principles of the organization and activities of the Eurasian Economic Union, the key positions of the Agreement on the European Economic Area that regulate the issues of the foreign trade, macroeconomic, and currency policies, as well as the relations in the area of energy, taxation, intellectual property, and work migration. This work also examines the authorities of the European Economic Union, hierarchy of the normative legal sources that regulate the work of the Union depending on their legal power, as well as underlines the specifics of the structuring and functionality of the key directions of economic work in relation to the ratification of the member states of the Agreement on the European Economic Area. The most important aspects of implementations of dispositions of norms of the Agreement are being analyzed. The conclusions of this article can be useful to the law enforcement agencies, students, post-graduate students, and all persons interested in the questions of jurisprudence.  
Boklan D.S., Lifshits I.M. - Implemtation of the rule of law principle in the Eurasian Economic Union pp. 1-13

DOI:
10.7256/2306-9899.2016.2.18986

Abstract: The rule of law principle is widely recognized as a public good, meanwhile its implementation faces substantial barriers. Authors explore such barriers with regard to the Eurasian Economic Union and among them outline the problem of Eurasian Economic Commission’s competence and effect of its legal instruments, the issues relating to legitimacy of EAEU system of bodies lacking people representation institutions, and lack of machinery of members states’ laws and regulation harmonization. Engaging comparative method and a method of systematic analysis, the authors suggest using the experience of the EU, particularly in providing better accountability of its institutions to national parliaments, and introducing legal instruments which will ensure harmonization of laws, as well as enhance transparency in the process of rule-making and law enforcement of the Union’s acts. Demonstrating the examples from financial and environment protection spheres, the authors conclude that public policy practice in every member state may be reconciled with best standards in the Union as well as with the best global standards by means of international agreements and decisions of Union’s bodies. It will substantially improve the quality of public governance in the member-states.
Kurbanov R.A. - Integration Processes within the framework of Economic and Monetary Union of West Africa pp. 1-30

DOI:
10.25136/2306-9899.2017.3.23177

Abstract: This article is dedicated to the Economic and Monetary Union of West Africa (UEMOA), history of its establishment, functionality, institutional structure, normative acts, as well its impact upon the national law of the organization’s member-states. The author thoroughly reviews various levels of interaction in the context of this union. The presence in such sub-regional organization of the secondary law testifies to the high level of integration processes. The conducted analysis of the work of UEMOA gives grounds for claiming that this organization is one of the most “advanced” not only in Africa, but also worldwide. The examined integration organization has an extensive institutional structure that includes the Court of Justice, Accounts Chamber, Central Bank of West African States, West African Development Bank; also is established the West African Accounting System, in the context of which formed the Guild of Auditors and Chartered Accountants, National Council of Accounting, Accredited Centers of Administration, West African Council of Accountants, Permanent Council on the questions of accounting profession. Such well-structured institutional system indicates the high level of development of the integration processes within the framework of the Union.
Krasnova K.A. - Fight against corruption crimes in the EU member-states. pp. 13-20

DOI:
10.7256/2306-9899.2016.1.15237

Abstract: The author in detail considers institutional aspect of anti-corruption policy of member-states of the European Union. The special attention is paid to the legal prerequisites of creation of special agencies on counteractions of corruption at the national levels. Among the specialized services on counteraction of corruption existing now in many member-states of the European Union, the author conditionally allocates bodies for the prevention of corruption and bodies for fight against corruption crimes. Activity of the last is considered on the example of Austria, Belgium, Great Britain, Italy, Ireland, Spain, Latvia, Netherlands, Poland, and France. The research of law enforcement and other agencies with regards to the fight against corruption in member-states of the European Union was carried out on the basis of the comparative and legal method which allowed studying the general and specific regularities of anti-corruption policy of the certain states of the considered integration association. Options of the organization of bodies for fight against corruption in certain EU member-states differ in a variety. In some countries went on the way of expansion of functional obligations of the existing law enforcement agencies. In others – specialized prosecutor's offices and special services on fight against corruption are created. In parliaments of a number of the countries constantly operating commissions authorized to exercise control, investigation and verification of the relevant data on corruption are formed. In the countries with traditionally high point of an index of perception of corruption and insignificant scale of corruption crimes specialized law-enforcement services on fight against corruption are absent.
Vorontsova O.V. - International cooperation and the policy of the European Union in the sphere of soil protection. pp. 16-38

DOI:
10.7256/2306-9899.2013.2.5106

Abstract: The article concerns legal aspects of international cooperation and the EU policy in the sphere of protection of soils from various types of pollution. The study of these issues at an international level requires analysis of the key normative acts regulating the legal relations in this sphere.  The policy of the EU is also being discussed from the legal regulation standpoint, bearing in mind its main goal, which is prevention of worsening of soils.  The author notes that the legislation on condition and use of soil is not sufficiently developed both at the international and national level. There is no unified document on all soil-related aspects.  The author studies key international legal documents, statistical data, results of NGO work.   The article concerns improvement of soil protection both at the regional level (in the EU) and on an international level. However, some legal acts of the EU  prove that some efforts towards soil protection have been taken, or, at least, these acts are more developed than in other states and regional associations.
Shinkaretskaya G.G. - Russia within integration associations: losses and acquirements. pp. 16-40

DOI:
10.7256/2306-9899.2014.1.11600

Abstract: The article concerns participation of the Russian Federation in the international organizations.  The author states that currently no regional organization to which Russia is a party, shows real moves towards real integration, not to mention supranationality.  The Eurasian Economic Community has not became an economic integration organization. It is prevented by constant disagreements among its participants and lack of respect to law, including the decisions of the EurAsEC itself.  As for the Customs Union, its executive bodies are scrupulously watched by the Member States and they do not play a role of an independent functional body serving solely the interests of an international organization.  The Shanghai Cooperation Organization has the most freedom, the forms of interaction among the bodies are not defined, there is no formal co-subordination, so each of them  is a small independent body for the institutional cooperation.  The decisions in all of the SCO bodies are made based upon consensus.  It means that each of the decisions is by its nature an international treaty.  The similar procedure exists in Collective Security Treaty Organization. Real legal regulation exists in the World Trade Organization, and Russia being a participant of this organization, is bound by the clearly formulated norms and rules which are agreed upon by all other participants. Participation in the WTO may not be simple for Russia, since the complicated dispute resolution procedures shall require high qualification of lawyers serving the interests of Russia.
Stoyakin S.G. - Dialectics of the international integration phenomenon pp. 17-41

DOI:
10.7256/2306-9899.2014.4.13182

Abstract: The article contains analysis of the nature of international integration, and, more specifically, integration of states. The object of studies involves the definition of integration (in its general scientific sence), main categories of integration, phenomenon of international integration, and integration of states in particular, forms of state integration, definition of qualities and characteristic features of state, including sovereignty as a natural quality of the state, as well as the process of obtaining the quality and quantity characteristics of a state by an integrated association. The method and methodological basis for the analysis involve dialectics in combination with the international legal and state legal approaches. The methodological basis makes this study different from other works in this sphere.  Its application has allowed to draw a conclusion that integration is a dialectic process of transiation from the united parts to a single whole, appearing as a results of the leap, which may result in such a whole.  The application of this conclusion to the sphere of international relations (state integration) has allowed the author to draw the conclusion that integration of states is a process of transition of a certain combination of states into a single state as a hypothetical result of such a process, providing the said combination with the qualities and values similar to ones of the state. This definition corresponds to the definition of international integration in its narrow interpretation,  which, speaking more broadly, allows to understand integration as a form of cooperation of a certain group of states, within which the said states jointly achieve their goals in various spheres of cooperation, allowing to bring these states closer to each other. Both theoretical and practical value may be found in the issue of contents of the process of quality and quantity definition of the state by an integrated association, since it allows to reveal the aspects of improvement of the state integration.
Kurbanov R.A. - Commission of the Indian Ocean basin Countries : history of development, the institutional framework and scope of activities pp. 19-30

DOI:
10.25136/2306-9899.2017.2.23091

Abstract: Indian-Ocean Rim Association: history of development, institutional framework, and spheres of activity This article examines the international sub-regional organization – Indian-Ocean Rim Association, its institutional structure, history of establishment, impact upon national legislation of the member-states, key directions of activity, and projects. Cooperation of countries within the framework of the Indian-Ocean Rim Association was originally initiated due the need for resolving certain of issues (food shortage; provision of security; financial, energy, and environmental resources), and at current stage does not cover the general issues of economic integration, but rather touches upon the sectoral regional cooperation (for example, protection of ocean resources, etc.) realizes in the context of specialized programs, as well as in form of direct cooperation between the separate member-states. Efficiency of the work is limited by the low budget of the organization, which mostly consists of investments of the third parties (countries of the European Union and other international or regional organizations). Peculiarity of this sub-regional organization lies in the fact that since the moment of establishments of the Indian-Ocean Rim Association, it has always worked with the system of the United Nations, but the traditional partnership has developed only in recent years, which results in the work of the Association with almost all specialized institutions of the United Nations.
Kaminskaya N.V. - Influence of globalization tendencies on the formation of regional legal systems. pp. 20-33

DOI:
10.7256/2306-9899.2014.2.10941

Abstract: Topical tendencies of development of law and legal systems at the current stage of development are globalization, integration, and regionalization.  In the opinion of the author they cause transformations in law-making and legal practice at various levels.  It influences activization of the integration processes in the national legal systems, their interaction, functioning of the international law system, novel legal categories - regional legal systems, including those of European scale. For the purpose of this article the author applies a number of scientific research methods, namely, comparative legal method, historic method, systemic, structural functional method, sociological method, forecasting method, etc.  Globalization is a multi-level process, a complex of social matters, which evolution and change in time, making local problems go global.  At the same time regionalization (regionalism) is defined as the process for the formation of regional international systems, institutions and instruments.  As a result of their interaction, one may note formation of regional international law systems, which may be more efficient than international law, since they hold a somewhat intermediary position, being closer to the human being as a basic social value, territorial and other social communities, traditions, customs, existing legal systems, as well as management procedures, control for material and financial resources, responsibility issues.
Ageeva A.D. - Peculiarities of and correlation of the legal regulation of indirect taxation in European Union and the Federal Republic of Germany pp. 21-33

DOI:
10.7256/2306-9899.2016.1.17957

Abstract: The subject of this research is the problems of convergence of the legislations of the EU member-states in the area of indirect taxation. The object is the mechanisms and peculiarities of legal regulation of the indirect taxation as one of the backbones of integration, particularly the value-added tax (VAT) and excises. The pointed out mechanisms are being examined on the example of FRG legislation and within the EU legal boundaries – the supranational principles and normative positions, which should not be contradicted by the national acts of any country out of the EU member-states. The author comes to a conclusion that preservation of formulations of the European guidelines in implementation into the national law, by general rule, prevents the emergence of contradictions between the national and European act, but even the verbal translation does not guarantee a unified interpretation and application of the newly introduced positions among the member-states. The emerging issues are being solved by means of thorough examination of the lexical essence of the words in different languages and introducing, if necessary, the additional definitions that function in the area of implementation of the positions of the European acts. In some cases the only possible source for legal regulation is the explanation of the EU Court of Justice.
Gubarets D.P. - External accompanement concept in the domestic activities of the EU. pp. 34-45

DOI:
10.7256/2306-9899.2014.2.11628

Abstract: The article concerns the concept of priority of the domestic policy of the EU over the foreign policy. It is stated that there is a tendency for widening the scope of the relevant competence of the EU institutions, however, there are still many unclairities in the normative basis. The author studies a number of decisions of the European Union Court of Justice, which has developed the so-called "external accompaniment", which means that when community law transfers to the institutions the competence for achievement of certain goals, the Community is competent to uptake international obligations, even if it does not have directly provided legal competence for it. The author evaluates various approaches of the European Union Court of Justice, including broad and narrow interpretations of the external competence of the European Union. The author also expresses a hypothesis that the concept of external accompaniment may be used for the opposite needs: legal substantiation of the foreign political competence may serve as a reason for the domestic obligation.
Averina K.N. - Environmental policy of the European Union in the sphere of forest protection. pp. 36-51

DOI:
10.7256/2306-9899.2013.3.402

Abstract: The article is devoted to the detailed analysis of the policy of the European Union in the sphere of forest protection. The author analyzes the key administration mechanisms and legislative acts of the EU Member States in this sphere.  She includes typology of forests in accordance with the normative legal acts of some European states, as well as analysis of their role in environmental and climatic balance in Europe. The author also analyzes seven information levels regarding forest resources, which exist in the European Union. 
Ryzhov V.B. - Integration as a modern development tendency. pp. 41-62

DOI:
10.7256/2306-9899.2014.1.11637

Abstract: The author bases his studies upon the position that current public conscience includes a contradiction between the recognition of the need for the integration processes and institutionalization of such processes in international organization on one hand, and the worries for the lack of democracy in such organizations on the other hand.  The author wonders whether representative democracy is a suitable model for international structures, and if not, how democratic states may exist in a non-democratic world.  If integration cannot go along with democracy, should the further movement towards integration take place? Author points out the direct dependency between the integration level in an international organization and the possibilities to support democratic tendencies in its organization and activities.  It can clearly be seen, if one is to take the World Health Organization as an example, the main decisions are made at the levels of global and regional bureaucracy, and the organization becomes non-transparent for the global public opinion and impenetrable for the influence of non-governmental organizations.
Voronina N.A. - The Union State - Russia - Belarus: the experience of legal regulation. pp. 52-67

DOI:
10.7256/2306-9899.2013.3.9061

Abstract: The article deals with questions of creation and development of the Union State – Russia – Belorus. Special attention is paid to problems of protection of social and labour rights of citizens of two countries. The author analyses the existing agreements and laws in this field as well as legal practice, reveals shortcomings in the system of social protection of labour migrants and points ways to overcome them. The role of the Union State in the integration processes on the post-Soviet territory is depicted
Krasnova K.A. - Witness protection in the EU member-states pp. 66-86

DOI:
10.7256/2306-9899.2015.4.15262

Abstract: This article presents the detailed review of the institutional aspect of witness protection in member-states of the European Union. The special attention is given to the legal prerequisites of the organization of witness protection programs at the national levels. The work of national programs is considered on the examples of Austria, Germany, Italy, France, and Great Britain. In the structural sense, the witness protection program is conditionally divided by the author into two components: governing body (body of protection) and implementing agency (division of protection). Certain specifics in selection of witnesses for participation in the program and filing of application on inclusion in the program are noted. Options of interstate cooperation on witness protection and the coordinating role of Europol in this sphere are considered. Research of law enforcement and other agencies on protection of witnesses in the European Union member-states was carried out on the basis of the comparative and legal method, which allowed to study the general and specific regularities of the organization of appropriate programs in the certain states of the considered integration association. Scientific novelty of this research consists in author’s formulation of the key differences in the European approach towards understanding of witness protection program. The latter are perceived as a unique instrument for ensuring the safety of witnesses and support to criminal justice system as a whole. The author determines the perspective vectors of further development for the considered area of law-enforcement activity.
Postnikova E.V. - Legal regulation of professional qualification recognition in the sphere of provision of services in the European Union. pp. 75-122

DOI:
10.7256/2306-9899.2013.1.592

Abstract: The main goal of this article is to single out specific features and tendencies of development of legal regulation in the sphere of professional qualification recognition in provision of services  in the European Union. Since recognition of professional qualification and qualification documents is one of the key forms of mutual recognition, the author discusses the issue of contents of mutual recognition institution.  Attention is paid to the existence of various doctrinal approaches to classification of mutual recognition. Based upon analysis of the EU secondary law and the practice of the Court of Justice of the European Union, the author evaluates the formation of the mechanism for regulation of the professional qualification recognition.  The article contains general characteristics of various attempts to harmonize the legislations of the EU Member States in the sphere of professional qualifications based upon the sectoral approach, minimum education standards and general system of mutual recognition, and their negative features.  Much attention is paid to the Directive 2005/36 on recognition of professional qualification from the standpoint of provision of services.
Kurbanov R.A. - African Regional Intellectual Property Organization and integration processes in Africa pp. 91-109

DOI:
10.7256/2306-9899.2015.2.14676

Abstract: This article analyzes the African Regional Intellectual Property Organization; created by English-speaking countries of Africa, it is considered the institutional framework; the story of its creation; the functioning of its institutions; and the impact of its activities on the national legislation of the Member States. The author concludes that the organization remains poorly integrated regional structure. Nevertheless, it should be noted that in its order can still identify a number of elements supranationality. For example, there is an institute, which has the right to issue patents in force in the territory of all Member States, as well as a body whose functions are quasi-judicial (Arbitration Chamber and the Office of ARIPO). Moreover, this part there is a general patent law. Of particular note is the task of harmonization and coordination of laws and the activities of the participating countries in the field of protection of industrial property.African Regional Intellectual Property Organization is a narrow profiled organization, since it applies only to the activities of intellectual property rights, and not the integration process in general, which are often related to, if not all, then most spheres of human life, society and the state. Action decisions of this organization may be suspended under the rule of law one of the Member States' national authorities of the State concerned.
Agapov I.O. - On the issue of lobbying in the European Union pp. 112-127

DOI:
10.7256/2306-9899.2015.3.15150

Abstract: The subject of this research is the actively growing regime of regulation of relations between representatives of interests (lobbyists) and institutions of the European Union. A special attention is given to the novelties of the agreement between European Parliament and European Commission signed on April 15, 2014 on Transparency Register of organizations and self-employed individuals involved in development and realization of EU policy. The author highlights the problems faced by the European legislator in an attempt to regulate lobbying through the system of voluntary registration, as well as obstacles standing in the way of creating a mandatory registry based on the US model. The main conclusion of this research is detection of the problem in the legal foundation of creating an EU system of mandatory lobbyist registration, which consists in the lack of clear authority of the EU institutions to impose corresponding responsibilities upon private parties and organizations that are not part of the “European administration”. Due to this fact the author proposes several versions of solution to this problem, including use of the “doctrine of implied authority”.
Stepanenko V.S. - Sources of the European environmental law. pp. 161-183

DOI:
10.7256/2306-9899.2013.4.10072

Abstract: The author studies the sources of European law in their relation with the environmental law. The author provides detailed analysis of various acts of the EU bodies: primary law (founding treaties), unwritten primary law; directives and recommendations, environmental and political action plans. The acts are analyzed based on their nature, sphere of application and subjects. The author provides specific examples of various acts of European environmental law. In particular, the author considers that environmental political action plans are sources of European environmental law is spite of their non-normative nature. It is due to the fact that environmental political action plans provide for goals and priorities of environmental policy, include general descriptions of measures for a certain time span, they establish global connections and development tendencies, provide orientations, serve as prerequisites and preparation measures for the legislative measures at the Community level and specify them. Finally, the author makes a conclusion that forms of normative legal acts may be regarded as sufficient and efficient elements of law-making. However, their application in environmental law (and other branches of law) is mediated via many factors, and first of all via the environmental policy of the EU.
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