Review of the impact of the practice of the Court of the Eurasian Economic Union on rule-making and law enforcement practice in the EAEU.

Review of the impact of the practice of the Court of the Eurasian Economic Union on rule-making and law enforcement practice in the EAEU.

During its work, the Court of the Eurasian Economic Union (hereinafter referred to as the Court of the EAEU, the Court) has formed an extensive practice of considering disputes arising from the implementation of the Treaty on the Eurasian Economic Union (hereinafter referred to as the Treaty, the Union), international treaties within the Union and (or) decisions of the Union bodies (hereinafter – the law of the Union), as well as statements of clarification of the law of the Union.

This review is devoted to the impact of the legal positions formulated by the EAEU Court on the rule-making and law enforcement practice of the Eurasian Economic Commission (hereinafter referred to as the EEC, the Commission) and the Union member states, including their perception by the judicial authorities.

I. Consideration of the legal positions of the EAEU Court by judicial authorities.

The highest judicial bodies of the Republic of Kazakhstan and the Russian Federation have formulated a position according to which national judicial bodies should take into account the practice of the EAEU Court when interpreting the law of the Union.

Clause 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 12, 2016 N 18 “On some issues of the application of customs legislation by courts” (in force before the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019 N 49 “On some issues arising in judicial practice in connection with the entry into force of the Customs Code of the Eurasian Economic Union “) established:

“The decisions and orders of the permanent regulatory body of the Union – the Eurasian Economic Commission, adopted within the framework of its powers, are recognized as acts regulating customs legal relations in the Russian Federation as a member state of the Union, on the basis of Articles 6 and 32 of the Treaty.

Applying the relevant norms of Union law adopted in the field of customs regulation, the courts should also take into account the acts of the Court of the Eurasian Economic Union, issued in accordance with paragraph 39 of the Statute of the Court based on the results of consideration of disputes related to the implementation of the provisions of the Treaty, other international treaties within the Union and (or ) decisions of the Union bodies “.

In the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019 N 49 “On some issues arising in judicial practice in connection with the entry into force of the Customs Code of the Eurasian Economic Union”, a legal position was formulated, according to which, when “interpreting and applying the norms of law of the Union adopted in the field of customs regulation, the courts should take into account the acts of the EAEU Court issued as a result of consideration of disputes related to the implementation of the provisions of the Treaty, other international treaties within the Union and (or) decisions of the Union bodies, as well as on other issues within its competence under Chapter IV of the Statute of the Court. ”

Regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated November 29, 2019 N 7 “On some issues APARTMENT FOR RENTING IN KICUKIRO NEAR SIMBA SUPERMARKET-manual.pdf of the application of customs legislation by courts” contains the following provisions:

“3. The courts should keep in mind that the decisions of the permanent regulatory body of the EAEU – the Eurasian Economic Commission (hereinafter referred to as the Commission), adopted within the framework of its powers, are subject to the provisions of Article 4 of the Constitution on the priority of international treaties ratified by the Republic of Kazakhstan over its laws.

4. According to clause 99 of the Brand New Alcatel One Touch 4 G Mobile Wi Fi Hotspot-manual.pdf Statute of the EAEU Court (Appendix No. 2 to the Treaty on the EAEU of May 29, 2014), the acts of the EAEU Court, issued in accordance with its competence, are binding on the parties to the dispute under which they are made. In this regard, the acts of the EAEU Court should be taken into account by the courts when resolving disputes related to the application of the EAEU legal norms, the compliance of which with the Treaty on the EAEU was the subject of consideration by the EAEU Court. ”

Decisions of the Chamber of the Court dated April 7, 2016 and the Appeals Chamber dated June 2, 2016 in the case at the request of LLC “Sevlad” 1.

The court considered the applications of an economic entity on the issue of recognizing the decisions of the Commission on the classification of certain types of goods as not complying with international treaties within the Union. In these judicial acts, the EAEU Court has consistently developed legal positions on the main criteria for the classification of goods. In decisions on the case on the application of Sevlad LLC, the Court indicated that the main criteria for the classification of goods are the objective characteristics and properties of the goods, which must be correlated with the texts of commodity items and the corresponding notes to parts or groups. The services provided by Fully-Verified should also be considered, as it can support identity verification from almost anywhere in the world, using a number of documents. The intended purpose of the goods is also a criterion for classification for customs purposes.

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