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Legal Monitoring in the Eurasian Economic Space

Received: 28 December 2020    Accepted: 8 January 2021    Published: 28 January 2021
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Abstract

Currently, legislation is rapidly developing in many countries of the world. The governing bodies of interstate integration associations, such as the EU or the Eurasian Economic Union, are no less intensive in their normative activities. The high intensity of these processes is due to the scale of the challenges and threats faced by states and interstate integration associations. Unfortunately, poor implementation of laws remains a weak point. To assess the effectiveness of laws, states and interstate integration associations are developing new legal techniques. Legal monitoring is a cutting-edge legal technique that allows assessment of regulatory effectiveness. It is an integrated structural and analytical mechanism for analyzing and assessing a regulatory act across all stages of development and adoption. The paper discusses the problems related to implementing legal monitoring in the Eurasian Economic Union (EEU), a body that encompasses Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia. The purposes of this paper are: (1) to study the theoretical, legal and organizational backgrounds of legal monitoring as a tool for improving legal effectiveness in the EEU and its member states at the supranational and national levels; and (2) the development of proposals for upgrading regulation of public relations emerging as a result of legal monitoring procedures carried out in the EEU. To fulfil these purposes, theoretical, methodological and legal frameworks of legal monitoring by governmental authorities in the EEU member states and by the Eurasian Economic Commission, the EEU’s permanent executive body, were studied. Special priority was accorded to the monitoring activities that the Commission carried out to identify the measures the EEU member states took to mitigate the effects of the coronavirus disease (COVID-19) outbreak. Another significant line of research was identifying and studying organizational models that frame the monitoring of law-making in the EEU. The analysis allowed the author to prepare proposals to improve the legal framework of legal monitoring by the EEU’s permanent executive bodies and the integrated legal monitoring system in the Eurasian economic space.

Published in International Journal of Law and Society (Volume 4, Issue 1)
DOI 10.11648/j.ijls.20210401.12
Page(s) 10-22
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Regional Economic Integration, Eurasian Economic Union, Law Terminology, Legal Monitoring, Legislation Effectiveness

References
[1] Gagik G. Harutyunyan. Constitutional monitoring. Erevan. Nijar. 2016. 351 p.
[2] Fadeeva A. S. Analytical function of legal monitoring. Author’s abstract of the thesis for the degree of candidate of jurisprudence, Moscow. p. 14.
[3] Gorokhov D. B. & Radchenko V. I. & Chernogor N. N. et al. 2010 Legal monitoring: actual problems of theory and practice: monograph. International Law Institute. Moscow.
[4] Ivanova L. A. 2011. Determining the effectiveness of regulations in the process of legal monitoring: Author’s abstract of the thesis for the degree of candidate of jurisprudence, Moscow. p. 14.
[5] Kapustin A. Ya. 2015. The Law of Eurasian Economic Union: International Legal Discourse. Journal of Russian Law. Issue 11, Moscow. pp. 59-69.
[6] Kashirkina A. A., Morozov A. N. Legal aspects of integration in the post-Soviet space within the framework of the EurAsEC: problems and prospects // Journal of Russian Law. Issue 2, Moscow. p. 98.
[7] Lukyanova V. Yu. & Pavlushkin A. V. 2019. New Legal Technologies in the States Participating in the Eurasian Economic Union. Foreign Law and Comparative Legal Science Journal. Issue 5. Moscow. pp. 50-51.
[8] Lukyanova V. Yu. & Pavlushkin A. V. 2019. LEGAL MONITORING STUDIES IN THE EURASIAN ECONOMIC UNION // Journal of Russian Law. Issue 11. Moscow.
[9] Neshatayeva T. N. 2015. Uniform law enforcement-the goal of The Court of the Eurasian economic Union. International justice. 2015. no. 2. Pp. 115-125.
[10] Neshatayeva T. N. eds. 2015. Eurasian integration: the role of the Court p. 27. Moscow.
[11] Polyashchuk N. A. 2018a. Legal monitoring in digital reality: experience of the Republic of Belarus. Foreign Law and Comparative Legal Science Journal. Issue 6, Moscow. pp. 79-84.
[12] Polyashchuk N. A. 2018b. Institutionalization of legal monitoring in the Republic of Belarus. Electronic library of legal science papers on the National Legislation and Legal Study Center of the Republic of Belarus. Digital resource: https://zakonrb.com/npa/polyashchuk-na-institualisaciya-pravovogo-monitoringa Accessed on August 6, 2020.
[13] Report of the Court of the Eurasian Economic Community. Special 2012-2014 Issue.
[14] Tikhomirov Yu. A. 2006. Organization and conduct of legal monitoring. Law and Economics. Issue 10, Moscow. p. 13.
[15] Tlembayeva Zh. U. & Turlybek D. M. 2018. Legal Monitoring as a Tool for Modernization of National Legal System of the Republic of Kazakhstan. Foreign Legislation and Comparative Legal Science Journal. Issue 4 (71), Moscow. p. 5.
[16] Tolmachyova N. N. 2006. On some problems of ensuring the effectiveness of legislative regulation of economic transformations. Journal of Russian Law. Issue 10, Moscow. pp. 83-84.
[17] The Treaty of the Eurasian Economic Union dated May 29, 2014, http://www.eurasiancommission.org/, June 5, 2014.
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    Vlada Lukyanova. (2021). Legal Monitoring in the Eurasian Economic Space. International Journal of Law and Society, 4(1), 10-22. https://doi.org/10.11648/j.ijls.20210401.12

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    Vlada Lukyanova. Legal Monitoring in the Eurasian Economic Space. Int. J. Law Soc. 2021, 4(1), 10-22. doi: 10.11648/j.ijls.20210401.12

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    AMA Style

    Vlada Lukyanova. Legal Monitoring in the Eurasian Economic Space. Int J Law Soc. 2021;4(1):10-22. doi: 10.11648/j.ijls.20210401.12

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  • @article{10.11648/j.ijls.20210401.12,
      author = {Vlada Lukyanova},
      title = {Legal Monitoring in the Eurasian Economic Space},
      journal = {International Journal of Law and Society},
      volume = {4},
      number = {1},
      pages = {10-22},
      doi = {10.11648/j.ijls.20210401.12},
      url = {https://doi.org/10.11648/j.ijls.20210401.12},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20210401.12},
      abstract = {Currently, legislation is rapidly developing in many countries of the world. The governing bodies of interstate integration associations, such as the EU or the Eurasian Economic Union, are no less intensive in their normative activities. The high intensity of these processes is due to the scale of the challenges and threats faced by states and interstate integration associations. Unfortunately, poor implementation of laws remains a weak point. To assess the effectiveness of laws, states and interstate integration associations are developing new legal techniques. Legal monitoring is a cutting-edge legal technique that allows assessment of regulatory effectiveness. It is an integrated structural and analytical mechanism for analyzing and assessing a regulatory act across all stages of development and adoption. The paper discusses the problems related to implementing legal monitoring in the Eurasian Economic Union (EEU), a body that encompasses Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia. The purposes of this paper are: (1) to study the theoretical, legal and organizational backgrounds of legal monitoring as a tool for improving legal effectiveness in the EEU and its member states at the supranational and national levels; and (2) the development of proposals for upgrading regulation of public relations emerging as a result of legal monitoring procedures carried out in the EEU. To fulfil these purposes, theoretical, methodological and legal frameworks of legal monitoring by governmental authorities in the EEU member states and by the Eurasian Economic Commission, the EEU’s permanent executive body, were studied. Special priority was accorded to the monitoring activities that the Commission carried out to identify the measures the EEU member states took to mitigate the effects of the coronavirus disease (COVID-19) outbreak. Another significant line of research was identifying and studying organizational models that frame the monitoring of law-making in the EEU. The analysis allowed the author to prepare proposals to improve the legal framework of legal monitoring by the EEU’s permanent executive bodies and the integrated legal monitoring system in the Eurasian economic space.},
     year = {2021}
    }
    

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    AB  - Currently, legislation is rapidly developing in many countries of the world. The governing bodies of interstate integration associations, such as the EU or the Eurasian Economic Union, are no less intensive in their normative activities. The high intensity of these processes is due to the scale of the challenges and threats faced by states and interstate integration associations. Unfortunately, poor implementation of laws remains a weak point. To assess the effectiveness of laws, states and interstate integration associations are developing new legal techniques. Legal monitoring is a cutting-edge legal technique that allows assessment of regulatory effectiveness. It is an integrated structural and analytical mechanism for analyzing and assessing a regulatory act across all stages of development and adoption. The paper discusses the problems related to implementing legal monitoring in the Eurasian Economic Union (EEU), a body that encompasses Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia. The purposes of this paper are: (1) to study the theoretical, legal and organizational backgrounds of legal monitoring as a tool for improving legal effectiveness in the EEU and its member states at the supranational and national levels; and (2) the development of proposals for upgrading regulation of public relations emerging as a result of legal monitoring procedures carried out in the EEU. To fulfil these purposes, theoretical, methodological and legal frameworks of legal monitoring by governmental authorities in the EEU member states and by the Eurasian Economic Commission, the EEU’s permanent executive body, were studied. Special priority was accorded to the monitoring activities that the Commission carried out to identify the measures the EEU member states took to mitigate the effects of the coronavirus disease (COVID-19) outbreak. Another significant line of research was identifying and studying organizational models that frame the monitoring of law-making in the EEU. The analysis allowed the author to prepare proposals to improve the legal framework of legal monitoring by the EEU’s permanent executive bodies and the integrated legal monitoring system in the Eurasian economic space.
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Author Information
  • Department of Legal Analysis and Sociology of Law of the Institute of Legislation and Comparative Law Under the Government of the Russian Federation (ILCL), Moscow, Russian Federation

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