Execution of decisions of the Court of the Eurasian Economic Union as a condition for the effectiveness of legal proceedings

 
PIIS102694520011320-3-1
DOI10.31857/S102694520011320-3
Publication type Article
Status Published
Authors
Occupation: Judge of the EAEU Court
Affiliation: Eurasian economic Union Court
Address: Belarus, Minsk
Journal nameGosudarstvo i pravo
EditionIssue 9
Pages92-101
Abstract

The enforcement of decisions of the international court of justice is an integral part of the judicial process and demonstrates the effectiveness of the international judicial body. The diversity of international judicial institutions and their inherent institutional features determine the existence of different models for the enforcement of their decisions. The author, based on objective differences in the activities of classical international courts, including regional human rights courts and judicial bodies of integration associations, analyzes the existing models of execution of judicial acts, paying special attention to the practice of the Court of the Eurasian Economic Union. In relation to this judicial body, the conclusion is formulated that, despite the emerging trend of constitutionalization of its judicial proceedings, the essential feature of which is the enforceability of judicial acts, practice demonstrates the existence of problems related to the enforcement of decisions of the EAEU Court. The causes of this phenomenon are analyzed in the aspect of the law of the Eurasian Economic Union, granting the right to choose the form and method of execution of the decision of the parties to the dispute and stating that the decision on the enforcement of a judicial act is vested in the Supreme Eurasian Economic Council as the highest body of the Union. Based on the practice of the Court of the Eurasian Economic Union, in order to improve the effectiveness of the process of execution of its decisions, it is proposed to amend the legislation of the Union, which consists in giving the Court the power to annul decisions of the Eurasian Economic Commission recognized as contrary to the Treaty on the Eurasian Economic Union and international agreements within the Union, to regulate the procedure for consideration by the Court of requests for enforcement of decisions. The author pays special attention to the need to change the Court's approach to assessing the completeness and integrity of the execution of its decisions.

Keywordsthe EAEU Court, the International Court of justice, the EU Court, the ECHR, enforcement of decisions, fair cooperation, the right to access to court, judicial proceedings, justice
Received26.06.2020
Publication date29.09.2020
Number of characters39615
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