Legal support under the law of the Eurasian Economic Union
According to the Treaty on the Eurasian Economic Union dated May 29, 2014 (hereinafter referred to as the agreement), the parties to this agreement establish the Eurasian Economic Union (hereinafter referred to as the EEU), within which the freedom of movement of goods, services, capital and labor is ensured, and a coordinated, coordinated or unified policies in sectors of the economy defined by the agreement and international treaties within the framework of the EEU. Currently, the EEU Member States are the Russian Federation, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, and the Republic of Armenia.
In connection with the entry into force of the treaty, a number of international treaties concluded within the framework of the formation of the Customs Union and the Common Economic Space are terminated, the list of which is given in Appendix N 33 to the treaty.
Annex N 1 to the contract approved the regulation on the Eurasian Economic Commission, the main tasks of which include ensuring the conditions of functioning and development of the EEU, as well as developing proposals in the field of ensuring the integration processes within the EEU.
On the basis of this agreement, in the period from 2014 to the present, the Eurasian Economic Commission made a large number of decisions, orders and recommendations aimed at the economic integration of the EEU member states in such areas as trade, financial policy, industry and agriculture, energy, customs. cooperation, antitrust regulation, etc. The main focus of such solutions is to ensure the expansion of trade relations in key sectors of the economy each Member State EEC, unification of requirements for customs procedures, as well as registration requirements and examination of a number of goods that require passage of such procedures (eg, drugs).
On January 1, 2018, the Customs Code of the Eurasian Economic Union entered into force in order to implement unified customs regulation, including the establishment of procedures and conditions for the movement of goods across the customs border of the EEU, their location and use in the customs territory of the EEU operations related to the arrival of goods on the customs territory of the EEU, their departure from the customs territory of the EEU, temporary storage of goods, their customs declaration and release, and other customs operations, the procedure for the payment of customs duties, special, anti-dumping, countervailing duties and customs control, as well as the regulation of power relations between customs authorities and persons exercising the rights of possession, use and (or) disposal of goods in the EEU customs territory or outside.
Annex N 2 to the contract approved the Statute of the Court of the EEU, according to which the Court of the EEU is designed to ensure a uniform application of the treaty, international treaties within the EEU, international treaties of the EEU and decisions of the EEU bodies by the EEU member states and EEU bodies. For these purposes, the EEU Court is called upon to consider disputes as member states of the EEU (including issues of compliance of the treaty with the decision of the Eurasian Economic Commission or an international treaty within the EEU, compliance by another member state with the treaty) and business entities (challenging the actions of the Eurasian Economic Commission or on the conformity of its decisions affecting the rights of an economic entity, the contract).
Thus, the legal system of the EEU has a very complex structure. Economic integration is of a gradual nature, due to the presence of differences in the laws of the EEU Member States and the need for their smooth adaptation to the requirements and standards developed in the framework of the activities of the EEU. In addition, due to the active formation of new relations between the parties to the contract, such a legal system is characterized by constant changes and additions through the adoption of new legal acts governing the relations of the EEU member states.
In this regard, high-quality legal support in the field of support of transactions concluded by economic entities under the jurisdiction of the EEU member states is of particular importance.
The specialists of BRACE Law Firm regularly monitor changes and updates of legal acts adopted in order to ensure the functioning of the EEU. This contributes to the prompt and high-quality provision of legal services in the direction of legal support under the law of the EEU.
- Preparation of legal opinions and clarifications of legislation on the application of the law of the EEU.
- Provision of legal services in the field of antitrust regulation at the EEU level.
- Support of commercial activities, taking into account the regulation of the EEU.
- Accompanying pharmaceutical activities subject to EEU regulation.
- Legal analysis of the legislation of the EEU Member States and the procedure for its relationship/application under the EEU law.
- Legal support of trade transactions of various types, taking into account the regulation of the law of the EEU.
- Drafting and legal expertise of foreign trade contracts
- Legal expertise of compliance of transactions and trading operations with international requirements and restrictions
- Conducting disputes related to foreign economic activity
- Representation of interests in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation
- Recognition and enforcement of awards of international commercial arbitration courts and awards of foreign state courts
- Due diligence of an investment project with the participation of foreign investments (foreign entities)
- Preparation and legal expertise of documents for the implementation of the investment project