Implementation of acts of the Eurasian Economic Union in Belarusian legislation

Abstract

Currently, international organizations are increasingly making binding decisions on member states. At the same time, unlike the implementation of international treaties, the mechanism for implementing acts of international organizations is poorly regulated in national law, including the Republic of Belarus. The Eurasian Economic Union (EAEU), established in January 2015, is empowered to adopt obligatory acts, some of which should be directly applied on the territory of EAEU member states. As a result, the traditional mechanisms for the implementation of acts of international organizations at the national level are no longer sufficient and require detailed legal regulation. The article reveals the legal basis for the implementation of acts of the Eurasian Economic Union in Belarus’ legal system. The work examines the status, types and specifics of acts adopted by the EAEU bodies, identifies the characteristic features of the implementation of these acts at the national level and specifies applicable terminology. In particular, special attention is paid to the legality of the use of terms “implementation” and “actualization” concerning the transfer of norms of the EAEU acts to the national legislation of its member states. The article considers the possibility of implementing obligatory acts of international organizations, especially those, which are supposed to be directly applied at the national level. Emphasis is placed on identifying the existence of an obligation to implement obligatory decisions of the EAEU Commission as well as their implementation in the Republic of Belarus. Based on the study, it was demonstrated that the majority of obligatory acts of the EAEU are implemented in Belarus by means of different types of references. The article also identifies the place of the
EAEU acts in the hierarchy of legal acts of the Republic of Belarus.

Keywords:

international law, acts of international organization, law of Eurasian Economic Union, implementation, direct application, status of acts of international organizations, legislation of Belarus

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Author Biography

Alena F. Douhan , Belarusian State University, 20, Leningradskaya ul., Minsk, 220050, Republic of Belarus

Dr. Sci. in Law, Dr. Hab., Professor

References

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Published
2020-12-03
How to Cite
Douhan , A. F. (2020). Implementation of acts of the Eurasian Economic Union in Belarusian legislation. Pravovedenie, 63(3), 381-392. https://doi.org/10.21638/spbu25.2019.302
Section
Articles