Kazmiryk I. Legal nature of the Eurasian Economic Union.

The dissertation is devoted to the comprehensive study of the legal nature of the Eurasian Economic Union (hereinafter EAEU, Union). The thesis highlights and analyses the theoretical and legal aspects as well as basic conceptual approaches to the integration processes. The following terms are being characterised in the paper: «integration association», «integration law», «international economic integration», stages of economic integration. The study of the historical genesis and development of integration processes in the Eurasian region made it possible to distinguish separate periods of development of economic integration. The peculiarities of each of the stage, as well as the analysis of the international treaty base of economic cooperation in the Eurasian region, have been determined in the paper. A new stage in the development of economic integration processes in the Eurasian region starts with the establishment of the Eurasian Economic Union. The dissertation provides for the analyses of the EAEU competence based on the provisions of the Treaty on the Eurasian Economic Union, cases of the Court of the Eurasian Economic Union. The competence of the Union is defined as the scope of powers and rights which are conferred to the Union (its bodies) by the Member States. The Treaty of the Eurasian Economic Union determines and outlines the scope and limits of the EAEU competence. The competence of the EAEU has been classified by territorial criterion to the internal competence and external competence of the Union. The principles of functioning of the Customs Union, legal base for free movement of four freedoms of the internal market within the EAEU are highlighted in the research. Chapter 2.1. presents the definition and description of the EAEU legal mechanism. The EAEU legal mechanism is defined as a system of legal norms governing the establishment and functioning of the Union, regulating integration processes within the EAEU. Accordingly, the treaty mechanism of the EAEU is presented as a system of international agreements governing the integration processes within the Union. Treaty mechanism constitutes the legal basis for the integration within the EAEU. The legal norms of the EAEU have been classified by the criterion of a subject and by the time of validity criterion. The institutional mechanism of the EAEU is described as the system of bodies set up by the Member States within the Union to achieve the objectives of the EAEU. To this end, the Member States delegate the relevant scope of powers to such bodies. The institutional mechanism within the EAEU also includes the system of acts adopted by the EAEU bodies. The detailed analysis of the powers and functions of the main bodies of the EAEU namely: the Supreme Eurasian Economic Council, the Eurasian Intergovernmental Council, the Eurasian Economic Commission and the Court of the Eurasian Economic Union has been provided in the research. Apart from the structure, the composition of each of the EAEU body the particular attention has also been paid to the procedure of adopting and legal force of acts adopted by the above bodies. The author outlines the peculiarities and features of the institutional mechanism within the EAEU. Particular attention is paid to the study of the powers and functions of the Eurasian Economic Commission as a permanent regulatory body of the EAEU. The powers of the Eurasian Economic Commision to adopt legally binding decisions in the certain spheres have been examined and analysed in the paper. The dispute settlement procedure is also under author’s attention in the research. It is presented that the dispute settlement procedure within the EAEU consists of two stages: pre-trial consideration of a dispute through consultations, negotiations and other methods with the participation of a Member State or the Eurasian Economic Commission, and the consideration of the dispute by the Court of the Eurasian Economic Union. The paper analyses the competence of the Court of the EAEU, describes the principles of court proceedings. The author reviews and provides the analysis of EAEU Court’s decisions regarding non-compliance with the provisions of international treaties concluded within the EAEU, appeals against the decisions of the Eurasian Economic Commission and other cases. Some peculiarities of the dispute settlement procedure within the EAEU have been outlined. The part of the research is devoted to the study of the legal base and instruments of international cooperation of the EAEU with third states and international organisations. The review of the Treaty on International Agreements Of the Eurasian Economic Union with Third countries, International Organisations or International Integration Associations concluded on the 14th of May 2018 is provided in the paper.