Eurasian Economic Solidarity: Justification from the Standpoint of Judicial Practice

Abstract

Aim . The purpose of the study is to substantiate the concept of Eurasian economic solidarity in the context of the practice of the court of the Eurasian Economic Union. Tasks. The objectives of the study are: highlighting the sign of publicity in the context of economic integration; analysis of existing scientific and normative approaches to solidarity; substantiation of Eurasian economic solidarity as a principle and value of economic interaction, formed, inter alia, through judicial practice. Methods. The following methods were used: institutional analysis, comparative analysis, system analysis — to substantiate the sign of publicity in the context of economic integration, to characterize the Eurasian economic solidarity as a principle and value of economic interaction within the framework of the common economic space of the EAEU, to highlight the practice of the EAEU court as a factor in the formation of the Eurasian economic solidarity. The method of formal-logical analysis was also used — in clarifying the concepts of “solidarity” and “economic solidarity”. Results . Firstly, the activity of the EAEU Court reflects international or integration normative control, which is an integral part of public control and supervision in the conditions of integration. In the context of economic integration, the sign of “publicity” in relation to control and supervision as basic management functions is naturally supplemented by an integration level. Secondly, the supranational bodies of the EAEU, including the Court of the EAEU, are able to form and ensure economic solidarity in the context of Eurasian integration. Thirdly, Eurasian economic solidarity is seen as the principle and value of economic interaction within the framework of a single economic territory. Conclusions . Eurasian economic solidarity is based on economic unity, but is not conditioned by it. It is formed in the processes of integration rule-making and law enforcement. Eurasian economic solidarity is closely connected with other types of solidarity: ethnic, social, etc. Dispute resolution and interpretation by the EAEU Court act as a means of forming common economic positions within the EAEU. The EAEU Court has a sufficient and not fully realized potential to influence the development of Eurasian integration, including by stimulating the development of Eurasian economic solidarity. Equal access of economic entities of the EAEU member states to justice for the protection of economic rights is a condition for Eurasian economic solidarity.