EAEU Court as an international justice body in the paradigm of procedural and legal interaction with national legal systems

Abstract

The problem of the implementation of generally recognized principles of the administration of justice in the procedural law of the Eurasian Economic Union is one of the most controversial both in the science of international law and in the activities of the EAEU Court. The Court’s practice has formed certain procedural and legal approaches, in which special attention is paid to universal principles of the administration of justice, in particular, such as legal certainty, the principle of legitimate expectations, and the right to judicial protection. These procedural principles formed the basis of the Court’s activities, including the acceptance of applications submitted to the Court. Currently, the legal criteria for the admissibility of applications have been developed. Conventionally, such criteria can be divided into two groups, conceptually differing in legal significance: for «litigation» and for «clarification of law». For the first group, the Court makes a decision, and for the second, it provides an advisory opinion. It is important to note that the interpretative function of the Court, manifested in the provision of an advisory opinion, has proved to be very effective and in demand, as evidenced not only by the statistics of applications to the Court for clarification of the law, but also by the growing role of advisory opinions in the law enforcement practice of the EAEU bodies. The established practice of the Court sufficiently implements the procedural principles of the administration of justice. At the same time, it is noted the importance of continuing the development of law enforcement practice for the implementation and observance of procedural principles in the legal system of the EAEU.

References

1. Ispolinov A. S. and Kadysheva, O.V. (2021). Statute of the EAEU Court: possible ways of modernization. Lomonosov Law Journal, 5, PP. 28–46 (in Russ.).
2. Sarpekov, R.K. (2019). On «Administrative justice» in the EAEU Court. Legal Science and Practice, Vol. 15, 4, pp. 35–41 (in Russ.).
3. Sarsembaev, M.A. (2021). Crisis phenomena and problems in international justice: ways to overcome and solve them from the point of view of Russia and Kazakhstan. In. A.A., Dorsakya, V.A., Kosovskaya and N.I., Alekseeva (Eds.). Crisis phenomena in law: theory, history, ways of overcoming (pp. 449–459). St. Petersburg (in Russ.).
4. Kembaev, J. (2016). Comparative legal analysis of the functioning of the Court of the Eurasian Economic Union. International justice, 2(18), pp. 30–45 (in Russ.).
5. Zhemaletdinov, R.M. and Kuznetsov, M.V. (2022). The institution of recusal and self-recusal of judges as a guarantee of their independence. International Journal of Humanities and Natural Sciences, 3–4, pp. 26–29 (in Russ.).
6. Drobiazkina, I.V. (2003). International civil procedure: problems and prospects. St. Petersburg (in Russ.).
7. Seitimova, V.H. (2023). Harmonization of international procedural standards: the idea of legal achievements or an unattainable ideal. Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan, 1(72), pp.148–157 (in Russ.).
8. Zhilin, G.A. (2013). Appellate verification of definitions in civil proceedings: legislative innovations. Law, 2, pp. 103–112 (in Russ.).