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RESOLUTION OF BUREAU OF INTER-PARLIAMENTARY ASSEMBLY OF EURASIAN ECONOMIC COMMUNITY

of May 28, 2004 No. 10

About results of the international scientific and practical conference "International Cooperation and Enhancement of System of Law of Eurasian Economic Community" and international seminar "Legal support of forming of Eurasian system of space monitoring of the land surface"

The bureau of Inter-parliamentary Assembly decides:

take into consideration information on results of the international scientific and practical conference "International Cooperation and Enhancement of System of Law of Eurasian Economic Community" which took place in St. Petersburg in February, 2004, the international seminar "Legal support of forming of Eurasian system of space monitoring of the land surface" and approve the recommendations accepted by participants of these actions (appendices 1, 2).

 

Vice-chairman

Inter-parliamentary Assembly A. Borubayev

Appendix 1

to the resolution of EurAsEC MPA Bureau of May 28, 2004 No. 10

Recommendations of the international scientific and practical conference "International Cooperation and Enhancement of System of Law of Eurasian Economic Community"

On February 26, 2004 in St. Petersburg the Inter-parliamentary Assembly of EurAsEC and St. Petersburg State University held the international scientific and practical conference "International Cooperation and Enhancement of System of Law of Eurasian Economic Community". Parliamentarians, officials of public authorities, prominent scientists-jurists and specialists from state members of EurAsEC, representatives of bodies of Community and other international organizations participated in conference.

The following questions were considered and discussed at conference:

- the characteristic and the status of the regulatory legal acts adopted within EurAsEC;

- carrying out monitoring of implementation of legal acts of EurAsEC;

- standardization of the legal base of EurAsEC on compliance to regulations and rules of the international organizations;

- coordination of questions of legal regulation by preparation of state members of EurAsEC for accession to WTO;

- main approaches to questions of forming of the Doctrine of Eurasian economic community.

Agreement signature about organization of Eurasian economic community was organization-legal basis for forming of the Customs union and common economic space within EurAsEC.

Legal regulation of the relations arising at new stage of economic integration shall promote according to the Agreement to interaction of systems of law of state members and creation of general legal space.

As conferees noted, the mechanism of coordination of activities of bodies of EurAsEC and public authorities of member countries of Community is necessary for development of the legal base of Community and ensuring harmonization (rapprochement and unification) of national legislative systems first of all. Forms and methods of general (joint) law-making within Community shall be enshrined in regulations of parliaments and statute regulations on executive bodies (the ministries and departments) of state members of EurAsEC.

The new stage of integration requires search of committed legal methods and mechanisms of harmonization of national legal systems. The most urgent are problems of ratio of interstate and international legal acts, overcomings discrepancies between them. It is necessary to enhance procedures of realization of the international standards and standards in national systems of law of state members of EurAsEC.

For the solution of these questions it is required to give accurate determination of the status, types and hierarchy of legal acts of EurAsEC, creation of accurate system of law of Community, and first of all - to determine normative value of Bases of the legislation, standard projects of legal acts and recommendations of Inter-parliamentary Assembly, and also procedure for their realization.

As the measures directed to the solution of the specified tasks, conferees offer the following.

1. For the purpose of legal support of the activities directed to harmonization of national legal systems the following hierarchies, parameters and the status of the main regulatory legal acts of Eurasian economic community are offered:

Legislation bases - the fundamental legal act of Community containing set of the principles and the major regulations regulating certain branch of law according to which the system of the national laws is developed;

the standard project of the legal act - regulatory legal act model for development of the specific national law which is entered into the legislation of state member of EurAsEC according to the established legislative procedures;

recommendations - bill offers on introduction in the current legislation of the state - members of EurAsEC of the unified (uniform) regulations; bill offers on modification for the purpose of exception of the normative instructions interfering rapprochement of national legal systems; bill offers on reduction of regulations of acts of the national legal system in compliance with the agreements signed within Community and synchronization of procedures of their acceptance; the offers on legal support of development of Community sent to Interstate Council of EurAsEC and Integration Committee of EurAsEC.

2. Develop the mechanism of implementation of the international treaties and legal acts adopted by bodies of Community signed within EurAsEC in legislations of state members. Determine methods of control of their execution and forms of responsibility for their non-execution by investment of bodies of EurAsEC with control functions.

3. Offer for discussion at the level of heads of states - members of EurAsEC question of opportunity and feasibility of giving to the separate legal acts adopted by bodies of Community, nature of direct action in national systems of the right of state members of EurAsEC (for example, in customs and foreign trade spheres).

4. As much as possible to make use in activities of EurAsEC of experience of rule-making activities of other international organizations, and first of all the European Union and the WTO. Determine forms of implementation of raznourovnevy integration by interaction of system of law of Community with systems of law of interstate educations which participants are state members of EurAsEC (elimination of possible collisions between the legal acts regulating corresponding legal relationship, prevention of duplication of legal regulation of the same legal relationship, mutual coordination of rule-making activities).

5. Specify legal status and the mechanism of approval and realization of Bases of the legislation in systems of law of state members of EurAsEC.

6. Develop with participation of MPA of EurAsEC the mechanism of approval of projects of national regulatory legal acts on development stages, and also establishments of their compliance to regulations of the international treaties and decisions made by bodies of Community signed within EurAsEC.

7. Differentiate spheres of the legal relationship which are subject to regulation by the international treaties signed within EurAsEC, and the legal relationship concerning the spheres of internal rule-making of Community which are subject to regulation by decisions of bodies of EurAsEC.

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