Eurasian Economic Solidarity: Justification from the Standpoint of Judicial Practice

Aim. The purpose of the study is to substantiate the concept of Eurasian economic solidarity in the context of the practice of the court of the Eurasian Economic Union.Tasks. The objectives of the study are: highlighting the sign of publicity in the context of economic integration; analysis of existing scientific and normative approaches to solidarity; substantiation of Eurasian economic solidarity as a principle and value of economic interaction, formed, inter alia, through judicial practice.Methods. The following methods were used: institutional analysis, comparative analysis, system analysis — to substantiate the sign of publicity in the context of economic integration, to characterize the Eurasian economic solidarity as a principle and value of economic interaction within the framework of the common economic space of the EAEU, to highlight the practice of the EAEU court as a factor in the formation of the Eurasian economic solidarity. The method of formal-logical analysis was also used — in clarifying the concepts of “solidarity” and “economic solidarity”.Results. Firstly, the activity of the EAEU Court reflects international or integration normative control, which is an integral part of public control and supervision in the conditions of integration. In the context of economic integration, the sign of “publicity” in relation to control and supervision as basic management functions is naturally supplemented by an integration level. Secondly, the supranational bodies of the EAEU, including the Court of the EAEU, are able to form and ensure economic solidarity in the context of Eurasian integration. Thirdly, Eurasian economic solidarity is seen as the principle and value of economic interaction within the framework of a single economic territory.Conclusions. Eurasian economic solidarity is based on economic unity, but is not conditioned by it. It is formed in the processes of integration rule-making and law enforcement. Eurasian economic solidarity is closely connected with other types of solidarity: ethnic, social, etc. Dispute resolution and interpretation by the EAEU Court act as a means of forming common economic positions within the EAEU. The EAEU Court has a sufficient and not fully realized potential to influence the development of Eurasian integration, including by stimulating the development of Eurasian economic solidarity. Equal access of economic entities of the EAEU member states to justice for the protection of economic rights is a condition for Eurasian economic solidarity

Risk-Oriented Approach in the Implementation of Control and Supervision Activities: Theoretical Justification and Problems of Application

The article discusses the theoretical justification of the risk-based approach in the implementation of state control and supervision, and also highlights the problems of the practical use of this approach in the context of the reform of control and supervision activities. The author compares the positions regarding the risk category in economic and legal studies, justifies the growing interest in the use of risk technologies in public administration. An analysis of the use of the risk category in the legal and regulatory field allows us to distinguish two positions in relation to risk: risk as a possible occurrence of an event that has a negative effect, and risk as the probability of its occurrence. The risk institute belongs to the general theory of law and at the same time finds development in industry research. In modern conditions, the law is inherent in the task of preventing, overcoming and minimizing risks in various areas of social reality with their simultaneous recognition and assumption. The author considers the evolution of the application of the risk management system in the implementation of customs and tax control, substantiates the transformation of its interpretation. Based on the analysis, it is concluded that the risk-based approach in relation to the system of state control and supervision should be interpreted as the principle of a modern system of state control and supervision; the condition of its selectivity and sufficiency; means of reducing the administrative burden on the controlled sphere; a means of stimulating the controlled sphere in a given direction and a modern method of organizing and implementing state control and supervision. Narrow and broad approaches in positioning risks in the implementation of state control and supervision are highlighted. In the first case, risk is understood as the probability of non-compliance with mandatory requirements. A broad approach involves two factors: the likelihood of non-compliance and the consequences of such non-compliance. A characteristic is given to such characteristics of a risk-based approach in the implementation of state control and supervision: staging, agile, stimulating the preventive component of state control and supervision, the development of interagency cooperation, the connection with the digitalization of control and surveillance activities. The following are identified as the problems of applying the risk-based approach in the implementation of state control and supervision: the problems of developing and using criteria for the risk categorization of controlled persons, correlating these criteria with indicators of the effectiveness and efficiency of control and supervision activities; lack of correlation between control and supervisory procedures and proceedings on administrative offenses; the problem of using the category of good faith in the implementation of control and supervision activities and others. Solving the identified problems will improve the effectiveness of state control and supervision in modern conditions

Customs’ control on genetically modified food products across the border of the Eurasian Economic Union

Purpose: The purpose of the article is to determine the role of customs' control and directions of its improvement in the movement of genetically modified foods across the customs' border of the Eurasian Economic Union. In carrying out the study, the authors rely on the methods of theoretical modeling and interpretation of legal concepts and normative legal acts, which allowed to identify theoretical and applied problems of customs control in the conditions of Eurasian integration. Design/Methodology/Approach: The authors define the concepts of genetically modified foods and their turnover, highlight the problems of customs control over the movement of genetically modified foods across the customs border of the Eurasian Economic Union, and propose ways to improve it. Findings: The authors define the concepts of genetically modified foods and their turnover, highlight the problems of customs control over the movement of genetically modified foods across the customs border of the Eurasian Economic Union, and propose ways to improve it. Practical Implications: The results may be implicated into a legal framework of Russian Federation and improve customs' regulation both in Russia and abroad. Originality/Value: The main contribution of this article is the comprehensive analysis of legal and institutional background of genetically modified foods and their cross-border movement in EAEU countries as well as the measures of improving their customs' control.peer-reviewe