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International legal framework for dispute resolution before the Court of the Eurasian Econimic Union

Student: Surpkelov Ulugbek

Supervisor: Daria Boklan

Faculty: Faculty of Law

Educational Programme: Law of International Trade, Finance and Economic Integration (Master)

Year of Graduation: 2019

Annotation. The actuality of the research theme is due to the emergence and the need to develop regional judicial institutions that have appeared as a result of the economic integration of states. The most remarkable feature of the development of modern international law was the increase in the number and influence of international courts. Among them, the courts and dispute resolution mechanisms, based on regional and integration associations, occupy a significant part The courts operating within the framework of a certain interstate association, in their constituent documents establish a certain competence on a previously strictly specified list of issues, including the order of functioning and their legal effect of decisions. Creation of the Eurasian Economic Union was one of the main events in international relations over the past 5 years. In Astana, on May 29, 2014, the Treaty on the Eurasian Economic Union (hereinafter - the Treaty on the EAEU) was signed. The formation of such a regional integration association pursuing the goal of economic development has sufficient potential to ensure effective cooperation and competition in the modern multi-polar economic arena of the world, which brings the EAEU member states to a fundamentally new integration level and creates a different geo-economic reality of the 21st century. The effectiveness of integration processes depends largely on how successful, authoritative and active the court of each specific integration association is. The main aspect of the development of effective and successful interstate economic integration based on law is the observance of the principle of legal certainty, ensuring the uniform application of the law of the EAEU by the member states and the EAEU bodies. For a successful process and development of interstate economic integration, the court should be a qualified, independent, strong judicial body, while its competence, in addition to the main function of dispute resolution, should include functions for developing legal concepts that ensure unity, institutional harmony and further development of economic integration. The aim of the study is to identify the features of the international legal framework for the settlement of disputes in the Court of the EAEU and their shortcomings and to identify the prospects for the development of the Court of the EAEU in the framework of a regional integration association. In addition, to achieve this goal it is necessary to solve the following tasks: 1. Determine the ratio of the previous EurAsEC court to the EAEU Court; 2. Determine the competence and functions of the Court of the Eurasian Economic Court through an analysis of the Statute of the Court, thereby revealing the circle of persons entitled to appeal to the Court; 3. Investigate and examine the main criteria that are relevant for deciding the issue of referring a dispute to the competence of the Court 4. Determine the form and method of execution of the decision of the Court of the EAEU. I consider that the objectives of the study were studied and solved, which contributed to the goal. Methods for studying and solving problems and conclusions fully satisfied the original goals. The obtained results and conclusions can contribute and are used for further international legal regulation and functioning of the EAEU Court, improving the practice of the EAEU Court for further incorporation into the national legislation of the Union member states, and use in scientific and teaching activities.

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