Articles

The article is devoted to identifying and assessing the main results of the last year work of the new composition of the EAEU Court, which took office on January 1, 2024, comparing with the results of the Court's activities over the past decade, as well as with the results of the work of the first composition of the Court in the first year of its functioning. The author analyzed statistical data on the activities of the Court as of December 31, 2024 (received applications, applications accepted for proceedings, cases considered, judicial acts adopted (including their different types), the range of issues that became the subject of consideration, etc.) and concluded that the new judges have a significant workload already in the first year of their work. The focus is on the legal positions of the Court, formulated in its decisions (on dispute resolution cases) and advisory opinions (on clarification cases) on the issues of general principles and rules of competition, the functioning of the customs union in the EAEU, sanitary, veterinary-sanitary and quarantine phytosanitary measures, as well as labor relations in the Union bodies. The fact that the representatives of the new composition of the Court still lack uniformity in understanding and applying the EAEU law is established, as well as problematic aspects related to the formulation of dissenting opinions by judges when adopting judicial acts are identified.

Since the creation of the UN and the establishment of the provisions on the dignity and value of the human personality in its Charter, the individual has been in the field of view of international law, but, according to the classical approach, he is not its subject primarily due to his lack of the right to participate in the creation of the norms of international law. Meanwhile, the doctrinal perception of the status of the person in the interstate system has evolved significantly in recent times, and the gradual recognition of the role he or she plays in international law is becoming evident. The issue of international legal personality of private persons, which should include not only individuals (natural persons), but also legal entities and any non-state formations (associations, trade unions, non-profit organizations) requires special attention, especially in the context of developing integration legal orders, in which private persons are not only "objects" of legal relationships, but also rightful subjects. This conclusion can be drawn because in the law and order of integration associations there are not only vertical relations between private persons and the state, but also horizontal relations between private persons, also regulated by the law of the integration association. In this regard, the recognition of the legal personality of private persons in the legal orders of integration associations can be justified through the introduction of the term "local legal personality" of private persons in international law, which can be viewed from different angles — as a progressive development of the international legal order with an emphasis on the increasing inclusion of humanitarian values and principles and the primacy of international law (in this case, the law of the integration association) over domestic law, as well as at a simpler level in the form of direct regulation of the rights and obligations of individuals by international law and access to justice for those individuals.

The concept of the metaverse, as a strategic vision for the development prospects of cyberspace, reflects the ambitious claims of virtual communities to establish a global digital rule based order. Global Digital Compact of 2024 demonstrates the UN's commitment to overcoming digital inequality and achieving the Sustainable Development Goals by involving multiple stakeholders in Internet governance. Non-governmental organizations and virtual communities are actively implementing emergent digital solutions and putting a wide range of human rights issues on the agenda of the world community. States, in turn, seek to protect their digital sovereignty, ensure legislative recognition and judicial protection of the digital rights of citizens. Constructive human rights discourse in cyberspace is developing thanks to the interaction of states and non-governmental organizations towards the universal recognition of digital rights. Calls by virtual communities for complete freedom of the Network from state institutions have gradually given way to declarations of the need for freedom from cybercrime and freedom to exercise intellectual and digital rights. Digital freedom, as a legal condition, requires the implementation of legal guarantees of fair competition in virtual markets, which at the level of transnational law is expressed in the recognition of special principles of cyber interaction. The UN assumes that many stakeholders in the digital environment strategically manage artificial intelligence there, but from the standpoint of transnational law, the formats of interaction between states and non-governmental organizations lead to the opposite: an increase in the influence of transnational corporations and the implementation of the extraterritorial jurisdiction of developed states in cyberspace.

This article demonstrates the practice of the Supreme Court of the Russian Federation on the example of some cases considered by it, which is related to the implementation of the law of the Eurasian Economic Union. In particular, this concerns cases of administrative offenses, as well as economic disputes. The article provides interpretive explanations from resolutions of the Plenum of the Supreme Court of the Russian Federation, containing explanations on issues of implementing the law of the said Union in the sphere of domestic relations. Attention is drawn to the measures taken by the Supreme Court of the Russian Federation to bring the practice of the Court of the Union to the attention of judges and court staff. The practice of the Supreme Court of the Russian Federation is not presented in the article exhaustively.

This article examines the fundamentals of legal regulation of air transport within the framework of Eurasian Economic Union (EAEU) as well as problems of legal regulation of flight safety and air traffic management within EAEU. It is noted that taking into account long experience of economic integration in other regions of the world at certain stage of such integration the States are confronted with issues of coordination of their policies in the field of transport, including air transport, and the establishment of its legal regime at the regional level, since successful implementation of single regional market of goods, services, capital and labor is hardly possible without development of transport networks and relevant infrastructure. Despite the fact that EAEU law sets good basis for liberalization of air transport and creation of common market of air transport services within EAEU, successful achievement of these goals depends upon resolving, as soon as possible, the following problems: (a) defining the legal form for liberalization of legal regulation of air services within EAEU; (b) setting the stages of liberalization of legal regulation of air services within EAEU, including stages of expansion of market access and elimination of other restrictions for commercial activities of airlines; (c) resolving the issues of possible change of ownership and control conditions in respect of EAEU air carriers for the purpose of application of "common interest" concept allowing market access for air carries "substantially owned and effectively controlled" by any EAEU Member State, its citizens or legal entities; (d) defining the extent, to which the legal regulation of flight safety and air traffic management are legally regulated within EAEU, as well as the forms of cooperation between EAEU and Interstate Aviation Committee.

The execution by EAEU private and public entities of extraterritorial unilateral restrictive measures taken by third countries against other countries of the Union very often gives rise to a conflict between the execution of foreign sanctions and the obligations arising from membership in the integration organisation. In this situation, a scientific and practical problem arises related to determining to what extent the actions of member states and private entities to restrict trade in goods and services with economic entities of other EAEU member states are compatible with the law of the EAEU, if such restrictions are result of introduction the unilateral extraterritorial sanctions by third countries. This problem became the subject of legal proceedings by the EAEU court within the framework of the advisory procedure. The court came to the conclusion that it is inadmissible to worsen the conditions of trade in services, including air transport services, compared to the regime in force on the date of entry into force of the Treaty on the EAEU. However, the judicial act does not contain any conclusions regarding the legality of the introduction of flight restrictions imposed by one member state against an airline from another member state. The author believes that in most cases, restrictions on trade in goods and services caused by the implementation of foreign sanctions are incompatible with Union law, both when they are introduced by Member States and by private entities. Since in the first case, the principles of the internal market are violated, and in the second case there is violation of general rules of competition.

Taking into account and on the basis of a doctrinal analysis of the provisions of the Russian Constitution, the article examines the problem of the correlation or supremacy of legal norms, international or domestic, in the Russian legal system. It is proved that the Constitution has primacy over all sources of law in Russia. Only the ratified international treaties of the Russian Federation have supremacy over the norms of federal legislation (i. e. they have the quality of "supra-legality", but not "supra-constitutionality"). At the same time, the generally recognized principles and norms of international law, which have the force of international custom for Russia, do not have this quality of "supra-legality", since the status of such international customs is ignored in the Constitution of the Russian Federation. Due to the formal and logical interpretation of the Constitution of the Russian Federation, the norms of Russian laws prevail over international customs. The hierarchy of general principles of law in the Russian legal system is determined by their origin: they are either contained in conventional or customary norms of international law, or are fixed in the legal system of Russia in the form of legal or subordinate acts. Decisions of international organizations that are binding on Russia by virtue of ratified international treaties of the Russian Federation have "supervisory" force in the Russian Federation to the extent that they do not contradict the foundations of the constitutional system of Russia.

The issues of retroactivity of legal norms are among the most controversial issues in both international and national law. As the current practice of States shows, they are increasingly concluding international treaties and adopting domestic regulations with retroactive application, thus exercising their sovereign right to respond adequately and quickly to changing social relations and regulate their economies. The decisions of the highest (constitutional) national courts, as well as international courts and tribunals, play a significant role in shaping doctrinal and practical approaches to solving this problem. The practice of international courts such as the ECHR and the Court of Justice of the European Union, investment arbitrations and national constitutional courts of a number of countries, including the Constitutional Court of the Russian Federation, shows a lack of consensus on the issue of retroactivity beyond the criminal law. This indicates the absence of such a universally recognized principle of law as a general prohibition of retroactivity, if such retroactivity leads to infringement of the rights of individuals, as well as a universally recognized customary rule of international law with the same content.

The heads of state and government of the countries of the Eurasian Economic Union set new strategic goals for the creation of a common scientific and educational space of the EAEU to ensure the competitiveness of national economies in the international race for innovation leadership. Achieving these goals is impossible without creating an effective legal framework that removes barriers to joint innovation projects, stimulates and ensures technological progress. Based on this, the article attempts to identify gaps in the legal regulation of the scientific and technological development of the EAEU and its member states, to formulate and substantiate specific proposals that could make the Eurasian integration processes in the field of creation, implementation, commercialization and scaling of new technologies more effective. According to the authors, in the conditions of the EAEU, clear and coordinated regulation of industrial policy is the key to realizing the innovative potential of the Union, especially in terms of scientific and technological cooperation. It will eliminate the legal barriers that hinder joint innovative projects. With its help, it will be possible to carry out the long-overdue unification of terminology in the field of science and education on the basis of national legislation, as well as a revision of the interpretation of the principles of industrial policy, including the principle of nondiscrimination, in order to prioritize support for integration projects. Improving the legal regulation of various forms of public-private partnership will turn it into a highly profitable tool for technological cooperation. The critical consideration of the European Union’s experience in this area, conducted in the study, suggests, in particular, how to systematically review the legal status of Eurasian technology platforms in order to increase their efficiency. In general, the study helps clarify the importance of a supranational approach to creating favorable conditions for improving the competitiveness of member states’ economies in the global innovation environment, and the key regulatory imperatives characteristic of it.

In this article, the authors study current issues of international cooperation between the EAEU member states and the BRICS countries. The issues of interstate interaction and prospects for the development of integration processes between the EAEU and the BRICS countries are considered. The enormous economic potential of the EAEU and the strengthening of its role in the post-Soviet space are noted. The authors also analyze the aforementioned interstate associations and note the prospects for strengthening integration interaction between the aforementioned associations in the context of geopolitical tensions and unilateral unfriendly measures imposed by Western countries against the Russian Federation and the Republic of Belarus. The special role of the Russian Federation in deepening integration interaction between the EAEU and the BRICS countries is pointed out. The authors note certain problems that hinder the deepening of integration processes in the EAEU. The importance of single energy resource markets within the EAEU is pointed out, and the legal regulation of the three energy markets and their key contradictions are considered. The legal framework of the union states the creation of all three single markets in the short term, but there are key contradictions for each of them. The importance of creating single financial development institutions for these associations and the prospects for interstate cooperation within these associations are noted.