LEGAL CONSEQUENCES OF THE ACTS OF THE EURASIAN ECONOMIC UNION COURT AND PROBLEMS OF THEIR ENFORCEMENT

Z. Baimagambetova, M. Sapar
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Abstract

In this article the problems of legal consequences of the Eurasian economic union’s (EEU) judicial actsare analyzed and the specifics of the implementation of these acts by member States and economic entities are reviewed. The legal consequences of non-compliance with these acts have a serious impact on both the legal order of the EEU and the legal systems of the Union’s member states. In conducting this research, the authors used general scientific, general legal and special legal research methods. Based on comparative legal analysis, the authors consider the statutory features of each individual act, especially its decisions that have binding legal force. The activity of the EEU Court was compared with the features of other international courts, which allowed to identify positive and negative sides. In this work, the mechanisms of interaction between the EEU Court and the national courts of the Union member states were studied, and such interaction was considered in relation not only to the highest courts of the member states, but also to national courts of all levels. In order to improve the efficiency of the EEU Courtfunctioning, it is proposed to give the EEU Court the power to provide pre-trial opinions, as well as to grant the right of the EEC to initiate a lawsuit against the EEU member states that violate their obligations under the law of the Union. Key words: The court of the EEU, Statute, regulations, Board, resolutions, decisions, Advisory opinions, enforcement of court decisions.
欧亚经济联盟法院行为的法律后果及其执行问题
本文分析了欧亚经济联盟(EEU)司法行为的法律后果问题,并对成员国和经济实体实施这些行为的具体情况进行了审查。不遵守这些行为的法律后果对欧亚经济联盟的法律秩序和联盟成员国的法律制度都产生严重影响。在进行研究时,作者采用了一般科学、一般法律和特殊法律的研究方法。在比较法分析的基础上,作者考虑了每一个别行为的法定特征,特别是其具有法律约束力的决定。欧亚经济联盟法院的活动与其他国际法院的特点进行了比较,从而可以确定积极和消极的方面。在这项工作中,研究了欧亚经济联盟法院与欧盟成员国国家法院之间的互动机制,这种互动不仅涉及成员国的最高法院,还涉及各级国家法院。为了提高欧洲经济联盟法院的运作效率,建议赋予欧洲经济联盟法院提供审前意见的权力,并赋予欧洲经济共同体对违反欧盟法律义务的欧洲经济联盟成员国提起诉讼的权利。关键词:欧亚经济联盟法院,规约,条例,理事会,决议,判决,咨询意见,法院判决的执行。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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