{"title":"The Institution of Mediation in the Legislation of the Republic of Kazakhstan: Prospects for Regional Adaptation","authors":"N. S. Chimarov, S. Yu. Chimarov","doi":"10.22394/2073-2929-2023-03-120-128","DOIUrl":"https://doi.org/10.22394/2073-2929-2023-03-120-128","url":null,"abstract":"The gradual segmentation of the sphere of public regulation is a question that constantly arises, since the growing needs of a person require the provision of a greater number of guarantees already on behalf of the state. The presence of a stable and often conservative system of judiciary organizations is not fully compatible with the ever-increasing volume of cases, the complexity of which is also naturally increasing. Within the framework of the post-Soviet space, such a topic as mediation is still a little-studied area, and therefore requires detailed study, including from the position of searching for current development trends. Aim . Using the example of a legal system integrated into the single social and economic space of the EAEU, but nevertheless differing in content from Russian legislation, to determine a promising vector for the development of the region (and thus the domestic regulatory framework) in matters of mediation. Tasks . The article discusses the current state and problems of the institution of mediation in the Republic of Kazakhstan, taking into account the main international and national documents. Methods . Elements of comparative and systematic approaches were used in the work, within the framework of which general scientific methods of analysis, synthesis, deduction and induction were used. Results. Based on the results of the study, it is noted that it is possible to develop an interstate dialogue on the formation of the institution of mediation, taking into account the cumulative interaction between the mechanisms of the CIS and the EAEU, as well as the ideological component of the Singapore Convention 2018. Conclusions. In full terms, when determining the experience of the Republic of Kazakhstan, it is impossible to operate exclusively with national normative sources. The involvement of the state in international processes, as well as the desire to adapt a greater number of “conciliation” procedures, lead to a unique context in which mediation has its own special conceptual and functional features, but is also limited by the existence of other forms of alternative dispute resolution. Despite the existing debatable provisions, it should be recognized that the experience of the Republic of Kazakhstan in the issue of mediation is sufficiently developed and can be used as the basis for the subsequent harmonization of the legal systems of the EAEU member states.","PeriodicalId":34328,"journal":{"name":"Evraziiskaia integratsiia ekonomika pravo politika","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135746005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Instruments of Social Policy of the Eurasian Economic Union (Part 2)","authors":"G. G. Rubtsov, O. N. Misko","doi":"10.22394/2073-2929-2023-03-64-78","DOIUrl":"https://doi.org/10.22394/2073-2929-2023-03-64-78","url":null,"abstract":"Aim. Taking into account the above, the purpose of the study was to analyze the patterns of development of the social policy of the Russian Federation, the republics of Belarus, Kazakhstan, Kyrgyzstan and Armenia, to consider their weaknesses and points of growth in order to identify the potential for strengthening integration ties based on the unification of social development tools. Task . To analyze various areas of social life of the EAEU member countries, identify similarities in development trends in order to create a basis for the formation of unified socio-economic transformations. To demonstrate social tools for the development of «transinstitutional interaction» within the boundaries of the Eurasian Economic Union. Methods. The following methods were used i n the article: comparative an alysis — to compare the effectiveness of social policy instruments in the EAEU countries. The novelty lies in the improvement of the integration processes of the Eurasian integration countries with the help of the proposed author’s approach to unify the social policies of the EAEU member countries on the basis of “transinstitutional cooperation”. Results. A comprehensive analysis of social policy instruments (migration, youth, labor, housing, etc.) of all participants in the Eurasian integration was carried out. Recommendations are proposed for improving social tools within the framework of “transinstitutional cooperation” of the EAEU states. Conclusion. The analysis of the instruments of social policy laid down the priorities in the development of the mechanisms of “transinstitutional cooperation” by the members of the EAEU, expressed in the author’s recommendations in this study. The Republics of Kyrgyzstan, Armenia and Kazakhstan should focus on developing a unified strategy for youth and migration policies. The Russian Federation and the Republic of Belarus should focus on population aging, providing older citizens with pension savings, and encouraging the development of family and motherhood institutions. This is disclosed in more detail in separate blocks of the study devoted to specific areas of social development of the EAEU countries.","PeriodicalId":34328,"journal":{"name":"Evraziiskaia integratsiia ekonomika pravo politika","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135744967","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Eurasian Economic Solidarity: Justification from the Standpoint of Judicial Practice","authors":"S. A. Agamagomedova","doi":"10.22394/2073-2929-2023-03-101-108","DOIUrl":"https://doi.org/10.22394/2073-2929-2023-03-101-108","url":null,"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.","PeriodicalId":34328,"journal":{"name":"Evraziiskaia integratsiia ekonomika pravo politika","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135745846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Economic and Political Factors Affecting the Rapprochement of Iran and the EAEU","authors":"N. S. Ivannikov, D. G. Chulabi","doi":"10.22394/2073-2929-2023-03-150-158","DOIUrl":"https://doi.org/10.22394/2073-2929-2023-03-150-158","url":null,"abstract":"Aim. Identify economic and political factors that are beneficial to Iran — EAEU relations. Tasks. Identify the prerequisites of the economic and political point of view, both in history and at the present stage, which would explain the prospects for rapprochement between Iran and the Eurasian Economic Union. Methods. The methods of scientific research in the work should include analysis (to understand the impact of historical events in Iran), as well as the deductive method and synthesis, which will allow to identify a set of factors affecting the improvement of relations between Iran and the EAEU. Results. The “White Revolution” promoted by the West in Iran was not viable and eventually pushed Iran to cho ose a more original way and ways of international cooperation, taking into account national specificity or following the policy of non-interference, which becomes the integration within the EAEU. Another favorable political aspect for Iran is cooperation with Russia , which strengthens confidence that the coun try will not be influenced by political activities and is based on mutual respect and equality. The current economic agreements demonstrate mutual willingness to develop the existing economic relations, as well as have a positive impact on foreign trade and allow taking into account each other’s mutual interests in economic terms, and contribute to the resolution of certain problems. Conclusion. In view of the considered political and economic factors, the rapprochement between Iran and the EAEU can indeed be considered a promising and relevant political trend, despite the existing obstacles. Both sides are positive about strengthening their relations, so it is important to continue working to remove the existing obstacles to the development of cooperation.","PeriodicalId":34328,"journal":{"name":"Evraziiskaia integratsiia ekonomika pravo politika","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135745999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EAEU and China: Partnership in the Self-sufficiency Interests","authors":"V. S. Kovalev","doi":"10.22394/2073-2929-2023-03-15-24","DOIUrl":"https://doi.org/10.22394/2073-2929-2023-03-15-24","url":null,"abstract":"This study is aimed at understanding the current state of trade and economic cooperation between the Eurasian Economic Union member states and China and developing a progressive course towards its further intensification through integration advantages of the EAEU. Aim . Offer a new format for deeper economic cooperation between the EAEU and the PRK in accordance with the current global and regional development situation. Tasks . Assess the current state of cooperation between the EAEU member states and the PRC, with an emphasis on the trade and economic sphere, and highlight its strengths and weaknesses. Analyze practical examples of the implementation of bilateral and multilateral projects. Formulate the most promising areas for deepening partnership between the EAEU and China, structure and summarize them. Offer an effective way of comprehensive legal regulation of ãhe new format of cooperation. Methods . Various general scientific and special methods are used, among which are analysis, synthesis, deduction, induction, analogy, as well as descriptive research, system-functional and institutional methods. The comparative legal method was of particular importance. Results . Based on the analysis, a comprehensive understanding of the existing directions of cooperation between the EAEU member states and the PRC is submitted. Conclusions are drawn regarding the current model of conjugation of the Eurasian integration and the “One Belt — One Road” initiative. The most promising areas for joint efforts of the parties have been identified: investment partnership, cooperation in the financial and transport and logistics spheres, cooperation projects in the field of high tech. A mechanism of legal regulation (two-level conjugation model) for transferring cooperation between the EAEU and China to a new institutional level is presented. Conclusions . Transformation of the model of conjugation of the Eurasian integration and the “One Belt — One Road” initiative from the «5+1» format to the «1+1» format will contribute to the formation of a new dimension of cooperation between the EAEU and the PRC: Partnership in the Self-sufficiency Interests.","PeriodicalId":34328,"journal":{"name":"Evraziiskaia integratsiia ekonomika pravo politika","volume":"226 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135900704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"On the Guidelines for the EAEU Development","authors":"S. Yu. Glazyev","doi":"10.22394/2073-2929-2023-03-9-14","DOIUrl":"https://doi.org/10.22394/2073-2929-2023-03-9-14","url":null,"abstract":".","PeriodicalId":34328,"journal":{"name":"Evraziiskaia integratsiia ekonomika pravo politika","volume":"153 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135900702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Two Tracks of BRICS Arctic Cooperation","authors":"E. A. Kuklina","doi":"10.22394/2073-2929-2023-03-25-37","DOIUrl":"https://doi.org/10.22394/2073-2929-2023-03-25-37","url":null,"abstract":"The relevance of the research topic is due to both role and importance of cooperation between the countries of the BRICS Forum aimed at the formation of a new architecture of a multipolar, polycentric world in the framework of the simultaneous deployment of a real war for the Arctic. Aim. The purpose of the study is to study tracks of Arctic cooperation in the BRICS format, the most promising of which are the mineral and touristic-recreational tracks. Tasks. The research objectives are as follows: to consider the existing formats of cooperation in the Arctic; to assess the current state and prospects for interaction between the countries of the BRICS Forum towards the implementation of the “Arctic” agenda; to characterize the promising tracks of the BRICS Arctic cooperation; to formulate proposals for authorities and administrations for improving the effectiveness of BRICS cooperation on promising Arctic tracks. Methods . Methodological basis and research methods are as follows: systematic approach, logical analysis, synthesis; content analysis of open sources of information. Results. The results obtained herein are as follows: the most promising tracks of the BRICS Arctic partnership are the mineral resource and touristic-recreational tracks; Arctic mega-projects require a search for multilateral formats, and partnerships with companies from China and India seem to be the most promising. Conclusions. Main conclusions: it is necessary to carry out a technical and economic analysis of the current state of the mineral resource base of the Russian Federation and to update the component “demanded wealth of subsoil”; in order to develop tourism in remote, sparsely populated regions of Russia with both poorly developed tourist infrastructure and problematic logistics, it is advisable to revise the national project “Tourism and hospitality industry” and to separate the segment “Arctic tourism” into a distinct unit.","PeriodicalId":34328,"journal":{"name":"Evraziiskaia integratsiia ekonomika pravo politika","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135901017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}