Some Issues of the Implementation of Legislation of the Eurasian Economic Union in National Legislation of the Russian Federation in the Field of Economic Relations

The article proposes a legal mechanism for the implementation of the international norms of the Eurasian Economic Union (EAEU) into the domestic legislation of Russia by applying two main forms: transformation (including international norms in national legislation in amended form) and incorporation (exact textual reproduction of international norms in national legislation). The study has revealed that the regularity of the implementation of EAEU norms is different: transformation of EAEU norms is applied less frequently than incorporation. Typically, incorporation is applied when international norms establish general rules, within which states adapt obligations to their legal systems. After analyzing the existing law-enforcement practice, the authors come to the conclusion that the transformation of the EAEU norms in Russia is implemented in the form of subordinate normative legal acts – acts of the Government of the Russian Federation or orders of ministries and departments. However, transformation is different from ratification. Describing the mechanism for the implementation of the EAEU norms (which is similar to the reception procedure) into domestic legislation, the authors identified its legal uncertainty in Russia. The procedure for general reception in the Russian Federation is not fully defined, since the existing constitutional model for introducing international norms into the system of Russian legislation provides various options for implementation depending on the changing geopolitical and economic situation in Russia and its regions. In this regard, there is an “individualization” of the implementation procedures for each specific case in law-enforcement practice. It can vary greatly both in form and in mechanism. The highest courts of the Russian Federation have a decisive role in choosing the form of implementation today.

Keywords: Eurasian Economic Union; national legislation; EAEU; legal integration; implementation of international norms; ratification; international law