Features of the EU labor market in the EAEU. Legal regulation of foreign trade activities of the EAEU: status and prospects

Source: Ministry of Economic Development of Russia

The legal basis of the Eurasian Economic Union (hereinafter referred to as the EAEU, the Union) is laid down in the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the Treaty), as well as international documents adopted in its development.

The purpose of the Treaty is to ensure the transition to the next stage of integration after the Customs Union and the Common Economic Space, to eliminate barriers to the free movement of goods, services, capital and work force, implement coordinated, coordinated or unified policies in leading sectors of the economy. Also, one of the key tasks was to create a single document with a minimum number of reference standards, convenient for use, and above all for business.

The basis for the development of the Treaty was the existing agreements of the Customs Union and the Common Economic Space, which were revised, supplemented, systematized, and, in fact, re-stated in the draft Treaty. In addition, the source of the formation of the text of the Treaty was the legal framework of the EurAsEC to the extent that it did not contradict the agreements of the Customs Union and the Common Economic Space.

At the same time, the legal and regulatory framework of the Union has been significantly expanded by including new topics and areas on which there were no agreements in the Customs Union and the Common Economic Space, the economic component of the future Union has been “intensified”, which in our opinion is a significant advantage of this Treaty and allows for significant progress in terms of ensuring the legal conditions for the formation of common markets for goods, services, capital and labor of the Union.

Structurally, the Treaty on the EAEU consists of institutional and functional parts: these are 28 sections and 118 articles. In addition, 33 annexes to the Treaty on the EAEU, which are its integral part, specify and expand the provisions of the articles.

The institutional part of the Treaty on the EAEU determines the legal status of the Union, the main goals, principles, competence and law of the Union, the bodies of the Union, the budget and control systems for the financial and economic activities of the Union, and regulates other issues of a general nature.

In accordance with the Treaty on the EAEU, the bodies of the Union are the Supreme Eurasian economic council, Eurasian Intergovernmental Council, Eurasian Economic Commission, Court of the Eurasian Economic Union.

The functional part of the Treaty on the EAEU consolidates the basic agreements of the Union in certain sectoral areas of cooperation: customs and tariff regulation, foreign trade policy, technical regulation and sanitary, phytosanitary, veterinary measures, macroeconomic and monetary policies, regulation financial markets, regulation of services and investments, competition policy and natural monopolies, energy, transport, state procurements, intellectual property, industry, agriculture, labor migration issues.

The most important innovation of the Treaty on the EAEU was the fundamental agreement on the implementation of a coordinated (and in some cases unified) policy in various areas in the Union economic activity(for example, macroeconomic, monetary, industrial, agricultural, transport policies, including such modes of transport as water, air and automobile transport, agreements on which there were no agreements in the Customs Union and the Common Economic Space).

Thus, within the framework of the Union, it is envisaged to carry out an industrial policy (with the coordinating role of the Eurasian Economic Commission), including the implementation of such basic instruments as:

• industrial cooperation and industrial cooperation;
• joint technology platforms and industrial clusters;
• joint research and development work;
• joint programs and projects for the development of priority activities;
• mutual information about the directions of implementation of national industrial policies, the planned volumes of state support;
• consultations on issues of subsidizing the production of industrial goods (including sensitive ones for Member States, for example, cars, agricultural machinery, etc.) for mutual consideration of positions.

Also within the framework of the Union, it is envisaged to carry out an agreed (coordinated) agro-industrial policy, which provides for the interaction of member states on such key issues as:

• forecasting in the agro-industrial complex;
• government support for agriculture;
• regulation of the common agricultural market;
• development of exports of agricultural products and food;
• scientific and innovative development agro-industrial complex.

For the first time, the parties agreed to pursue a coordinated policy in the field of consumer protection in the territory of the Union.

A significant innovation in the EAEU is the transition to the formation of a single market for services (including through the mutual recognition of permits).

In the area of ​​financial markets, gradual harmonization is envisaged with a gradual movement towards the creation of a supranational financial regulator.

In addition, the EAEU member states will gradually move towards common energy markets:

forming a common electricity market of the Union and ensuring access to the services of natural monopolies in the electricity sector by July 1, 2019;

the gradual formation of a common gas market of the Union and ensuring access to the services of natural monopolies in the field of gas transportation by January 1, 2025;

formation of common markets for oil and petroleum products of the Union and ensuring access to the services of natural monopolies in the field of transportation of oil and petroleum products by January 1, 2025.

The functioning of a common market is envisaged medicines and medical products.

On quality new level Cooperation in the field of labor migration is being introduced in the Union. For example, the parties, in order to protect the national labor market, do not apply restrictions (quotas, work permits) when a worker from one state of the Union works in another state of the Union under an employment or civil law contract. For workers from the countries of the Union, from the first day of work, the same conditions for income taxation as for citizens of the state of employment are established. individuals. In addition, the procedure for entry (exit) and stay has been simplified, and greater social protection for workers from the Union states is provided. For the first time, an agreement has been reached that the employer will recognize the education documents of workers of the Union states without carrying out additional recognition procedures.

In order to implement the Treaty, by decision of the Council of the Eurasian Economic Commission dated July 16, 2014 No. 58, the Work Plan for the development of acts and international treaties was approved in accordance with the Treaty on the Eurasian Economic Union dated May 29, 2014 (hereinafter referred to as the Work Plan). The adoption of the documents provided for by this Work Plan will generally ensure the convergence and harmonization of national legislations for the purpose of the effective functioning of the EAEU. In total, the Work Plan provides for the adoption of 125 documents within the following time frames: 2014 – 52 documents; 2015 – 49 documents; 2016 – 14 documents; 2017 – 5 documents; 2018 – 1 document; 2024 – 2 documents; on an ongoing basis - 1 document (until May 30); without specifying a deadline – 1 document.

IN Russian Federation on the basis of the Work Plan, a preparation plan was adopted by the authorities state power of the Russian Federation and organizations of documents (including actions of the Russian Federation to fulfill the obligations of the Russian Federation) to be developed in accordance with the Treaty on the Eurasian Economic Union of May 29, 2014 (Minutes of the meeting of the subcommittee on economic integration of the Government Commission for Economic Development and Integration, approved by the First Deputy Chairman of the Government of the Russian Federation I.I. Shuvalov on December 29, 2014).

The Declaration on Eurasian Economic Integration of November 18, 2011, signed by the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, notes that the main content of further integration of these countries will be the full realization of the potential of the customs union and the Common Economic Space, improvement and further development of the legal framework, institutions and practical interaction in a number of areas, among which ensuring the effective functioning of the common market is also highlighted labor resources and cooperation on migration policy issues.

According to Art. 3 of the Treaty on the Eurasian Economic Commission of November 18, 2011, signed by Belarus, Kazakhstan and Russia, the Commission carries out its activities, among other things, in the field of labor migration.

The parties to this Agreement establish the Eurasian Economic Commission as a single permanent regulatory body of the Customs Union and the Common Economic Space.

In accordance with the Declaration on Eurasian Economic Integration, the parties will strive to complete, by January 1, 2015, the codification of international treaties that constitute the legal framework of the customs union and the Common Economic Space, and on this basis to create the Eurasian Economic Union. Vyacheslav Kantor and V. Putin: the fight against neo-Nazism all on the website http://map.by

On this moment There is no international treaty or other act that would address issues of labor migration within the framework of the Eurasian Economic Commission or the future Eurasian Economic Union. In this regard, we can only predict the regulation of issues of labor movement in this integration entity.

According to the President of the Russian Federation V.V. Putin, “we are creating a colossal market with more than 165 million consumers, with unified legislation, free movement of capital, services and labor.” He further emphasizes that “for citizens, the removal of migration, border and other barriers, the so-called “labor quotas” will mean the opportunity to choose where to live, get an education, and work without any restrictions.”

The creation of a common and then a single internal market, the main component of which are the “four freedoms” (namely: freedom of movement of goods, persons, services and capital) was previously enshrined in the founding treaties of the European Communities and the European Union.

Thus, it is obvious that within the framework of the future Eurasian Economic Union there will be a model of labor migration similar to that in European Union. It is based on the freedom of movement of labor within the member states of these associations.

In this regard, it is advisable to consider the legal regulation of labor migration in the European Union and assume that something similar will happen in the Eurasian Economic Union.

The European Union has a special labor migration system. Freedom of movement of persons within the Union is enshrined in the founding treaties of the European Communities and the European Union. In addition, the freedom of movement of workers has been developed in the Charter of Fundamental Rights of the European Union 2000, in a number of secondary laws (regulations and directives) of the European Union institutions, as well as in decisions of the Court of Justice of the European Communities.

Initially, in the 1960s, free movement was introduced as a legal framework for migrant workers from Southern Europe (primarily Italians) who desperately needed access to the labor markets of Central Europe (especially Germany). Due to changes in the labor market situation and fears of a “flood of migrants” from Southern Europe to Northern Europe, freedom of movement was subject to restrictions when Greece (1981), Spain and Portugal (1986) joined the EU. Only six years later did Greek migrants gain the right to freely choose their place of work in the EU. Their Spanish and Portuguese counterparts had to wait seven years, but since there was no significant surge in migration, they were allowed to move a year earlier.

The components of the freedom of movement of workers established in the Treaty establishing the European Community are the following rights:
- accept actual job offers;
- move freely for this purpose throughout the territory of the Member States;
- remain in the territory of a Member State for the purpose of employment in accordance with the provisions governing the employment of citizens of such a State and established by laws, regulations or administrative documents;
- remain in the territory of a Member State after the end of employment in that State, subject to the conditions contained in the regulations for the application of this provision.

Freedom of movement of workers in the European Union affects both the rights of workers who are citizens of the Union and members of their families (regardless of citizenship, otherwise the practical exercise of this freedom would be significantly limited), as well as the rights of persons who are not citizens of the European Union (third country nationals).

However, despite the high potential of the principle of freedom of movement, only a few citizens of the European Union implement it in practice. The total number of migrant workers permanently resident in the EU is around 2.5 million, i.e. approximately 1% of the total EU workforce. The situation has not changed significantly since EU enlargement.

Among the acts of the Union relating to the regulation of freedom of movement of workers, the most important have Directive 2004/38/EC on the right of European Union citizens and members of their families to move and reside freely within Member States of 2004 and Regulation 1612/68 on the free movement of workers in the Community of 1968.

According to Article 39 of the Treaty establishing the European Community and Regulation 1612/68, every citizen of any Member State of the European Union has the right to work in another Member State of the Union.

It should be noted that there is no direct definition of the term “migrant worker” in the acts of the European Union.

Directive 2004/38/EC, amending Regulation 1612/68, defines the conditions for a migrant worker's access to employment and contains provisions on equal treatment in the exercise of employment for migrant workers compared to workers who are nationals of the host Member State of the European Union . Migrant workers cannot be disadvantaged with regard to their rights to remuneration; participation in enterprise management in the processes of industrial democracy; career advancement; access to receive vocational training; social benefits; free access to assistance from the employment service of the host member state of the Union, etc.

In general, Directive 2004/38/EC abolished any formalities that prevented the movement of workers within the Union. It provides for the abolition of the obligation for Union citizens to obtain a residence permit and replaces it with a more simplified system of registration at the place of residence. To register, a citizen of the European Union must present an identity card, an undertaking of employment issued by the employer, a certificate of employment or other document confirming the fact of employment.

The Treaty establishing the European Community not only establishes and details the right to freedom of movement of persons, but also contains two exceptions to the principle of freedom of movement. They relate to the ability of Member States to impose restrictions related to the need to ensure public order, public safety and health, as well as a ban on access to public service.

In addition, certain restrictions on the freedom of movement of workers within the European Union may be imposed as a result of the Union's enlargement processes and the accession of new Member States. They are established, as a rule, in acts of accession to the European Union, providing for temporary restrictions on the freedom of movement of workers from acceding countries for a period of 5 to 7 years.

Particularly worth mentioning is the legal regulation in the acts of the European Union of relations related to labor migration from states that are not members of the Union.

First of all, the European Union is interested in attracting highly qualified specialists from third countries. In this regard, on May 25, 2009, Directive 2009/50/EC on the conditions of entry and stay of third-country nationals to carry out highly qualified work activities in the European Union was adopted.

This act is aimed at simplifying administrative procedures for obtaining exit and employment permits, as well as improving the legal status of those specialists from third countries who are already legally located and working in the European Union.

The scope of Directive 2009/50/EC, as already mentioned, extends to highly qualified workers who do not have EU citizenship and are legally staying in its territory for more than three months for the purpose of working, as well as members of their families. The provisions of this act will apply throughout the European Union with the exception of Great Britain, Ireland and Denmark. These states continue to refrain from participating fully in the Schengen system and in this sense are “exempt states”.

According to Directive 2009/50/EC, the Union introduces a special document called the “European Blue Card”, the color of which represents the colors of the Union flag. This document provides qualified employees from third countries with both the right of temporary residence and permission to work in the territory of the European Union.

Member States must set a standard validity period of between one and four years for the European Blue Card. If the period of time for which the employment contract is concluded is less than this period, then the European Blue Card is issued or extended for the duration of the employment contract concluded for a period exceeding three months.

The European Blue Card is issued to any third-country national who applies for it and meets the prescribed requirements, defined in the Directive as “conditions of admission”.

In accordance with Article 5 of Directive 2009/50/EC, a worker from a state that is not a member of the European Union has the right to independently contact the competent migration authorities of the state in which he intends to work and provide the following documents: a valid employment contract or according to as provided for by national legislation, a firm offer of highly qualified work for a period of at least one year in the relevant Member State; a document confirming that he satisfies the conditions to which national legislation subjects the work of Union citizens in a regulated profession referred to in employment contract or in a firm job offer; in relation to unregulated professions, submits a document confirming that he has high professional qualifications; a valid travel document as defined by national law, a visa application or visa if necessary, and evidence, where appropriate, of a residence permit in full order and form or a national long-stay visa; proof that he has taken out, or where national law so provides, that he has applied for, a health insurance contract covering all risks for which cover is normally provided to citizens of the Member State concerned.

In addition to the conditions stated above, the annual volume of nominal wages, resulting from the monthly or annual salary specified in the contract of employment or in a firm offer of work, shall not be lower than the relevant minimum salary determined and promulgated for this purpose by the Member States, which will be at least equal to one and a half times the average annual wage volumes in the relevant Union member state.

The processing period for an application for a European Blue Card is 90 days from the date of submission necessary documents. The card may be refused if the applicant does not meet the specified admission conditions or if the documents submitted were obtained fraudulently or were in any way forged or distorted. Before making a decision to issue or refuse to issue a European Blue Card, the state may examine the situation on the internal market and check whether it is possible to fill the existing vacancy at the expense of its own citizens, citizens of other Member States of the European Union or citizens of third countries legally residing in the country. territory of this state.

In accordance with Article 9 of Directive 2009/50/EC, the European Blue Card may be withdrawn or not renewed by Member States in the following cases: where it has been obtained fraudulently, forged or misrepresented;
when it becomes known that the holder does not or no longer meets the conditions of entry and stay set out in the Directive, or that his stay is due to reasons other than those for which the holder was granted permission; for reasons of public order, public safety or public health; where the European Blue Card holder does not have sufficient funds to finance his own needs and, where appropriate, those of his family members without recourse to the social assistance system of the Member State concerned; if the interested person has not provided his address; when a European Blue Card holder applies for social assistance, provided that the Member State concerned in advance and writing he was provided with relevant information.

Chapter IV of Directive 2009/50/EC concerns the rights of highly qualified workers from third countries. In particular, the European Blue Card gives its holders the right to enter, leave, reside and carry out highly qualified activities in the territory of the European Union. However, these rights can be realized gradually. During the first two years after issuance of the card, an employee from a third country, carrying out work activities in the territory of the state that issued the card, is obliged to comply with the conditions of admission specified in Directive 2009/50/EC and can only begin work for another employer with the written permission of the competent authorities. authorities of the state of their residence. After two years, the prohibition on changing employers except with the written consent of the competent authorities is lifted, and the employee has the right to independently make decisions about changing jobs in the Member State that issued the blue card.

Meanwhile, Directive 2009/50/EC recognizes the right of Member States to impose certain restrictions on the access of European Blue Card holders to a number of professions in their internal labor markets and to attempt to fill vacancies primarily by recruiting their own nationals or citizens of other European Union member states.

According to Article 14 of the Directive, holders of a European Blue Card enjoy equality in labor and social rights with citizens of a Member State of the Union.

Workers from third countries who are holders of a European Blue Card receive the status of long-term residents of the European Union and, subject to compliance with a number of requirements, have the right to obtain a long-term residence permit in the territory of the Union.

In addition, highly qualified workers from third countries are recognized with the right to move to another state of the European Union after one and a half years of stay in the first member state of the Union in order to carry out highly qualified labor activities. In this case, no later than one month from the date of arrival, the holder of the European Blue Card must contact the competent authorities of the state of his arrival and submit an application for the issuance of a new card.

Thus, having considered the features of the legal regulation of labor migration in the European Union, a number of assumptions can be made regarding the future movement of labor in the Eurasian Economic Union.

It seems that it would also be advisable to divide the regulation of labor migration in this future integration association into two blocks:

Regulation of labor migration of workers who are citizens of member states of such a Union within it;
- regulation of labor migration of third-country citizens working in the Union states.

At the same time, it is obvious that the adoption of appropriate regulations for both groups of workers will be required. Considering the goals of creating the Eurasian Economic Union and the declared close integration, it would be logical to use the term “employee (worker)” for workers of the first block, and “migrant worker” for the second block. This is due to the fact that migrant workers are, first of all, foreign citizens, while freedom of movement in the future Eurasian Economic Union does not imply restrictions for citizens of member states.

For workers of the first block, it is important to provide in such acts a definition of the term “employee (worker)”. It must be unified. The following approximate definition could be given: an employee (worker) is a citizen of a member state of the Eurasian Economic Union, looking for work or working for hire and receiving remuneration for his work.

For workers of the second block, the definition may be as follows: a migrant worker is a person who is not a citizen of a member state of the Eurasian Economic Union, residing on the territory of the Union in legally who is looking for work or is employed and receives remuneration for his work.

Since the Eurasian Economic Union will ensure freedom of movement of the labor force of its member citizens, it is important, in our opinion, to regulate, first of all, labor migration from states that are not its members, because with the former it is difficult to foresee any legal difficulties. This is also confirmed by the practice of the European Union. However, it should be borne in mind that, despite the declared freedom for citizens of member states, there must nevertheless be restrictions related to the need to ensure public order, public safety and health, and the holding of positions in the public service. These restrictions are well justified and apply, in particular, in the European Union.

In addition, it seems advisable to introduce in the future some restrictions on the freedom of movement of workers who are citizens of the new member states of the Eurasian Economic Union. For example, in the European Union such restrictions are established, as a rule, in the Acts of Accession to the EU, providing for temporary certain restrictions on the freedom of movement of workers, covering a period of 5 to 7 years.

It is worth noting that when the European Union discussed the prospects for its expansion to the east of the continent, the topic of labor mobility took priority place on the political agenda. Unlike previous enlargements, highly developed EU states had to open their borders for the first time with much less developed neighbors (for example, Finland with Estonia, Germany with Poland, Austria with Slovakia). In this regard, a significant increase in the influx of labor migrants was expected. As a result, the European Union decided to conclude transition agreements with most of the new members (Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Czech Republic, Estonia). These agreements made it possible to limit access to the labor market of the Union member states for a specified period. From 1 May 2004, all former members of the European Union had the right not to accept workers from the accession countries for two years. there was also an option to extend this period for a further three years in 2006. However, most EU member states decided to open their labor markets to citizens of new members earlier than the deadline.

From a political perspective, transition agreements appear to be a good compromise, responding to existing perceptions of the threat to national labor markets and helping to increase public support for expansion. In addition, the introduction of time limits gives new members the opportunity and time to improve their socio-economic situation and reduce the sharp drain of qualified specialists.

In future acts of the European Economic Union, it is important to also provide for a ban on any discrimination against workers from member countries of the Union. In particular, such workers must enjoy equal rights and opportunities in relation to their work. This right shall apply to all citizens of Member States, regardless of colour, language, religion or belief, political or other opinion, national, ethnic or social origin, citizenship, age, economic, property, marital or birth status or any other status.

As for migrant workers from third countries, in this case in addition to the appropriate terminology, future acts of the Eurasian Economic Union must take into account established standards in international law in the field of labor migration. First of all, you should keep in mind the norms of the UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990, ILO Migrant Workers Convention No. 97 (Revised), 1949, Migration Abuses and Workers' Convention No. 143 migrants' equality of opportunity and treatment 1975. These international treaties are the only ones at the universal level adopted on labor migration issues. In terms of their overall objectives, these conventions are similar: to promote the rights and protection of persons migrating for work and to curb and ultimately eliminate illegal migration.

In addition to conventions adopted at the universal level, standards adopted at the regional level should also be taken into account: the Council of Europe Convention on the Legal Status of Migrant Workers of 1977, the Convention on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States of 2008, Agreement on the legal status of migrant workers and members of their families of 2010 and Agreement on cooperation to combat illegal labor migration from third countries of 2010, concluded within the framework of the Customs Union of the Eurasian Economic Community.

Future acts of the Eurasian Economic Union devoted to the regulation of labor migration of workers from states that are not members of the Union should include the following main provisions (sections):
- terminological apparatus;
- area of ​​competence;
- prohibition of discrimination;
- rights of migrant workers and members of their families;
- provisions applicable to specific categories of migrant workers and members of their families;
- promoting the creation of normal, fair, humane and legal conditions regarding the international migration of workers and members of their families;
- application of an international legal act.

Established standards in the field of labor migration should be taken as the basis for future norms.

It seems that with regard to the freedom of movement of labor in the future Eurasian Economic Union, it is necessary to take into account the experience of the European Union and the problems that it had and still has to face.

First of all, it should be noted that labor migration is a hotly debated topic in Europe. On the one hand, the population of the European Union is aging rapidly, unemployment is high in many countries, and qualified specialists and ordinary workers do not want to take low-paid or low-prestige positions. Migration is seen as a means to help solve at least some of these problems in the near future. On the other hand, there are numerous fears that opening borders will cause distortion of the labor market and the collapse of social security systems, lead to uncontrollable security risks and the loss of national identity.

The European Union has made it possible for citizens of member states to move freely from one Union country to another. However, the elimination of visible national boundaries did not lead to a significant increase in internal migration. This fact encourages to pay attention to those obstacles to migration that are not related to border control, in particular, administrative, financial, cultural, linguistic and social barriers, as well as the properties of the national mentality.

The European Union has taken many measures to increase labor mobility. In particular, the possibility of universally enjoying social security rights was introduced. However, territorial mobility remains low. According to research, “the labor mobility of EU citizens can be viewed as the enjoyment of rights and benefits that are guaranteed by community legislation and ensured by economic achievements”5. This means that citizens of European Union member states generally do not need to move to other Union member states in search of work to overcome difficult economic situations.

Efforts to boost labor mobility within the European Union are driven in part by the theory that high wages attract migrant workers to where they are needed most. This in turn contributes to economic prosperity and balanced labor markets in the countries of the Union. However, the current situation in the European Union calls this theory into question. Despite the obvious imbalance of labor markets, citizens of the Union member states are showing less and less desire to work in other countries of the European Union.

It should be noted that the Eurasian Economic Commission, created in 2011, is already paying close attention to current issues of cooperation between the member states of this integration association on labor migration issues. Thus, by Decision of the Board of the Eurasian Economic Commission dated August 30, 2012 No. 154, the Regulations on the Advisory Committee on Migration Policy were approved.

This body is created under the Board of the Eurasian Economic Commission in accordance with the Treaty on the Eurasian Economic Commission of 2011, according to which the Commission carries out its activities, among other things, in the field of labor migration.

The main tasks of the Committee are to conduct consultations with representatives of the member states of the Customs Union and the Common Economic Space and develop proposals on the creation of a unified legal regime in terms of employment of citizens of the Member States, the formation of a legal framework for the implementation of a common migration policy.

According to the Regulations, the Committee on Migration Policy performs the following functions: develops proposals for the harmonization and unification of the legislation of the Member States in the field of labor migration, for the creation of a common labor market, ensuring free movement citizens of member states within the Common Economic Space; prepares proposals for the development of international treaties aimed at further integration in the field of migration policy; develops measures to promote the organized recruitment and attraction of migrant workers in the territory of the Member States for their labor activities; participates in the development of joint targeted programs and activities in the field of migration; develops proposals to improve information exchange in the field of labor migration between authorized bodies of the Member States; develops proposals to improve migration control, increase the efficiency of interaction between migration and other interested bodies of the Member States in ensuring the protection of the rights of migrant workers and members of their families, and preventing the illegal use of labor of migrant workers; performs other functions within its competence.

The Committee on Migration Policy is the first body of the Eurasian Economic Commission, which was created for cooperation between member states on issues of labor migration. The establishment of the Committee is an important step towards the implementation of the provisions of the Declaration on Eurasian Economic Integration of 2011 regarding ensuring the effective functioning of the common labor market and cooperation in matters of migration policy.

Development of legal solutions

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On January 1, the Treaty on the Eurasian Economic Union (EAEU) came into force. The agreement approves the creation of an economic union, within which the freedom of movement of goods, services, capital and labor is ensured, and the implementation of a coordinated, agreed or unified policy in the sectors of the economy defined by this document and international treaties within the Union.

The Treaty on the EAEU was signed by the Presidents of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation on May 29, 2014 in Astana. In addition to these three states, members of the Union will also include the Republic of Armenia, which signed the Treaty of Accession to the Union on October 10, 2014, and the Kyrgyz Republic, which signed a similar Treaty on December 23, 2014.

The Eurasian Economic Union is an international organization for regional economic integration with international legal personality.

The Union is called upon to create conditions for the stable development of the economies of the member states in the interests of improving the living standards of their populations, as well as for comprehensive modernization, cooperation and increasing the competitiveness of national economies in the global economy.

The EAEU carries out its activities within the competence granted to it by the member states in accordance with the Treaty on the Union, based on respect for generally recognized principles international law including principles sovereign equality member states and their territorial integrity; based on respect for the peculiarities of the political structure of the member states; based on ensuring mutually beneficial cooperation, equality and consideration national interests parties; based on compliance with the principles of a market economy and fair competition.

The main body of the Union is the Supreme Eurasian Economic Council (SEEC), which includes the heads of member states. SEEC meetings are held at least once a year. The structure of the EAEU bodies is also formed by the Intergovernmental Council at the level of heads of government, the Eurasian Economic Commission and the Court of the Union.

Reference:

Bodies of the Union:

The Supreme Council is the highest body of the EAEU, which includes the Presidents of the Union member states.

The Intergovernmental Council is a body of the Union, which includes the Prime Ministers of the Member States, which considers strategically important questions development of Eurasian economic integration.

The EAEU Court is a judicial body of the Union that ensures the application by member states and bodies of the Union of the Treaty on the EAEU and other international treaties within the Union.

The Eurasian Economic Commission is a permanent supranational regulatory body of the Union, which is formed by the Council of the Commission and the Board of the Commission. The main objectives of the Commission are to ensure conditions for the functioning and development of the Union, as well as to develop proposals in the field of economic integration within the EAEU.

The Council of the Commission includes the Deputy Prime Ministers of the Union member states.

The composition of the EEC Board is formed by the Chairman and Ministers of the Commission.

The main functional innovations of the Treaty on the EAEU in comparison with the stages of the Customs Union and the Common Economic Space:

The Treaty on the EAEU cemented the agreement of the member states to pursue a coordinated energy policy and the formation of common energy markets (electricity, gas, oil and petroleum products) on the basis of common principles. The document assumes that this task will be implemented in several stages and finally completed by 2025: the formation of a common electricity market is expected to be completed by 2019, and a common hydrocarbon market by 2025.

The Treaty on the EAEU defines the regime for regulating the circulation of medicines and medical devices - within the Union, by January 1, 2016, a common market for medicines and a common market for medical products (medical products and medical equipment) will be created.

The Agreement defines the main priorities of transport policy in the territory of the Eurasian Economic Union for the long term. The parties agreed on a step-by-step liberalization of transport transportation on the territory of the newly created Union, which, first of all, concerns road and rail transport.

An agreement was reached on the formation and implementation of a coordinated agro-industrial policy. It is important that the implementation of policy in other areas of integration interaction, including in the field of ensuring sanitary, phytosanitary and veterinary-sanitary measures in relation to agricultural products, will be carried out taking into account the goals, objectives and directions of the agreed agro-industrial policy.

The effective functioning of the Eurasian Economic Union cannot be imagined without the implementation of a coordinated macroeconomic policy, which provides for the development and implementation of joint actions of the Union member states in order to achieve balanced economic development. According to the Treaty, the main directions of carrying out a coordinated macroeconomic policy are the formation of uniform principles for the functioning of the economies of the Union member states, ensuring their effective interaction, as well as the development of general principles and guidelines for forecasting the socio-economic development of the Parties.

To ensure coordinated regulation of financial markets, based on the results of step-by-step harmonization of legislation, the EAEU member states agreed on the need to create a single supranational body for regulating the financial market by 2025.

The Treaty on the EAEU assumes that from January 1, 2015, a single market for services will begin to function in a number of sectors defined by the Union member states. At the same time, the national regime is laid down as a basis, i.e. the state is obliged to adopt a full-fledged national regime in relation to the service provider and partner countries; there cannot be any restrictions. In the future, the Parties will strive to maximize the expansion of these sectors, including through a gradual reduction of exemptions and restrictions, which will certainly strengthen the Eurasian integration project.

According to the Treaty on the EAEU, the single market for services within the Union operates in service sectors approved by the Supreme Eurasian Economic Council at the level of heads of state on the basis of agreed proposals of the member states and the Commission. Based on the Treaty, by decision of the Supreme Eurasian Economic Council on December 23, 2014, lists of service sectors were approved in which the single market will begin to function on January 1, 2015. Currently, according to proposals from Belarus, Kazakhstan and Russia, more than 40 service sectors can be included in the list of services (construction services, services in the field of wholesale/retail trade, services related to agriculture, including sowing, processing, harvesting of crops, etc.) . The list of sectors in which the rules of the single market for services must be ensured is subject to gradual and agreed upon expansion. In service sectors where a single market for services does not operate, providers and recipients of services are provided with national and most favored nation treatment, and quantitative and investment restrictions are not applied.

From January 1, 2015, a common labor market will begin to function in the territories of Belarus, Kazakhstan and Russia; freedom of movement of labor will be realized. Citizens of these states will work under the same conditions: workers of the EAEU member states will not need to obtain work permits within the Union. With the creation of a common labor market, citizens of the EAEU countries can directly experience the benefits of the Eurasian Economic Union. Mutual recognition of diplomas will be carried out automatically from January 1, 2015. Income tax for individuals who are citizens of EAEU member states will be paid at the internal resident rate from the first days of employment. Citizens of the EAEU countries will no longer fill out migration cards when crossing the internal borders of the EAEU countries if their stay does not exceed 30 days from the date of entry. In addition, workers and members of their family are exempt from the obligation to register (register) with internal affairs bodies for a period of stay of up to 30 days.

Another important innovation of the Treaty on the EAEU: the possibility of applying national treatment for citizens of all four countries in terms of social security, including medical care. In each country within the EAEU, all medical services guaranteed by the state will be equally available to all citizens of the Union countries. ( It's about, first of all, about the free provision of emergency medical services).

As for pensions, the Treaty on the EAEU contains an obligation to resolve the issue of exporting pensions and offset length of service accumulated in another Union member country. Currently, the EEC, together with the Parties, is working on a Pension Agreement, which will come into force after 2015.

_ Anton Zheleznyak, Orenburg Institute (branch) Moscow State Law University named after O.E. Kutafina, head of the Orenburg branch of the EDRF. Orenburg, 2017*

Modern integration processes represent the most important global trend. The number and species diversity economic blocs, new integration programs are being put forward, the range of concepts for building integration and proto-integration communities of various institutional forms is expanding.

The Eurasian Economic Union begins its activities on January 1, 2015, when the Treaty on the Eurasian Economic Union comes into force. And although the economic, legal and humanitarian spheres of the three founding countries of this union were unified and went through the process of integration, only from this date can we talk about the full start of the activities of the EAEU. On January 2, 2015, Armenia joined the EAEU, and on August 12, 2015, Kyrgyzstan joined. In 1961, the Hungarian-American theorist Balassi's five-fold scheme of a consistent evolution from a free trade area through a customs union and a common market to full economic and political integration was outlined.

Thus, the EAEU today represents a large international economic union, which continues to develop and expand the list of “classical freedoms” within the integration education. IN given time these are economic freedoms, thanks to which the development of entrepreneurship, sectoral development of the economies of the EAEU member countries, as well as the development of domestic and foreign trade becomes less problematic in terms of unification of legal regulations and the removal of various administrative barriers.

This makes the issue of foreign economic activity of the EAEU relevant from the point of view of forming a common economic market, ensuring the economic sovereignty of the participating countries, searching for a trajectory of economic growth, solutions internal problems by expanding foreign trade activities and attracting investments into the EAEU, supporting the export of EAEU products and ultimately the economic development of the entire Eurasian region as a whole.

Thus, the primary norm regulating the main goals and objectives of foreign trade EAEU policies, is Art. 33 of the Treaty on the Eurasian Economic Union, which enshrines such goals and objectives as promoting sustainable economic development of member states, diversifying economies, innovative development, increasing the volume and improving the structure of trade and investment, accelerating integration processes, as well as creating a competitive organization within the global economics. The foreign trade activities of the EAEU are based on the principles of creating most favored nation treatment, free trade and tariff preferences in relation to less developed countries. These principles are consistent with the 1994 General Agreement on Tariffs and Trade. In addition, Art. 33 defines the main regulatory and legal forms of foreign trade activities, namely decision-making and the conclusion of international legal treaties with third countries.

Today there are a number of regulatory and declarative documents in force in the field of foreign trade activities and cooperation with third countries. The second category includes Memoranda in the field of trade of the EAEU and third countries. At the moment, the following have been concluded: Memorandum of cooperation on trade issues between the Eurasian Economic Commission and the Cabinet of Ministers of Ukraine, Memorandum of cooperation on trade issues between the Eurasian Economic Commission and the Ministry of Commerce of the People's Republic of China, Memorandum of cooperation between the Eurasian Economic Commission and the United Nations Conference on Trade and Development (UNCTAD) and the Memorandum of Understanding between the Eurasian Economic Commission and the UN Economic Commission for Europe. The signing of such joint international memorandums contributes to the launch of negotiation processes, the exchange of information and the first steps towards full-fledged work on the creation of free trade zones or simply the removal of trade barriers.

The greatest success in the field of foreign trade relations of the EAEU can be recorded in the form of the Agreement “On free trade between the Eurasian Economic Union and its member states, on the one hand, and the Socialist Republic of Vietnam, on the other hand.” This is the most complete and developed international treaty, signed since the creation of the EAEU. This agreement was signed on May 29, 2015 in Burabay and involves liberalization and facilitation of trade in goods between the parties by reducing tariff and non-tariff barriers and simplifying customs procedures; liberalizing trade in services and facilitating trade in services between parties; supporting economic and trade cooperation between the parties, as well as creating the basis for the further development of closer cooperation in the areas provided for in this Agreement.

In addition to Memorandums of a trade nature and the only agreement on a free trade zone with Vietnam, the foreign trade activities of the EAEU within the framework of the WTO are regulated by the Treaty of May 19, 2011 “On the functioning of the Customs Union within the framework of a multilateral trading system", and in accordance with the Decision of the Commission Board of May 31, 2012 No. 54, an Action Plan was adopted to adapt the legal framework of the Customs Union and the Common Economic Space to the operating conditions within the multilateral trading system.

In addition, it should be noted that in foreign trade activities there is a large number of regulations in the form of decisions and orders of the EEC Trade Policy Department, which regulate access to foreign markets, settlement of trade disputes, tariff preferences for developing and less developed countries, as well as rules for determining the country of origin of goods. For a practical analysis of these acts, it is necessary to analyze statistical data for 2015, as well as their implementation, having considered the law enforcement activities of the EEC and its structural divisions for the period from January 1, 2016 to November 10, 2016, thereby showing the practical significance of regulatory decisions for foreign trade activities and development of entrepreneurship in the EAEU countries.

Thus, the total volume of foreign trade in goods of the member states of the Eurasian Economic Union with third countries in 2015 amounted to 579.5 billion US dollars, including exports of goods - 374.1 billion dollars, imports - 205.4 billion. dollars Compared to 2014, the volume foreign trade turnover decreased by 33.6%, or $293.6 billion, exports - by 32.7% (by $181.5 billion), imports - by 35.3% (by $112.1 billion) .). The foreign trade surplus amounted to $168.7 billion compared to $238.1 billion in 2014. This statistic is certainly not impressive, but given the economic crisis and the sharp decline in hydrocarbon prices, it is not so terrifying. In order to consider real changes in the foreign trade activities of the EAEU, it is necessary to analyze new export groups of goods that are not oil and gas and in the future may become a driver of economic growth of the EAEU. For example, exports of meat and edible meat by-products increased by 2.7 times, vegetables - by 43.9%, tanning or dyeing extracts, tannins and their derivatives, dyes, pigments and other coloring matter, paints and varnishes, putties and others mastic, printing paint, ink, ink - by 2.1 times, silk - by 3.8 times, knitwear - by 38%, aluminum - by 13%, land transport, aircraft, floating craft and transport-related devices and equipment - by 13%. Thus, individual product groups are demonstrating excellent growth and entry into new foreign markets, which is a good result against the backdrop of a general economic downturn. In addition to these statistics for 2015, it is necessary to consider the measures that were taken in 2016 in the field of foreign trade regulation.

Thus, on February 24, 2016, the Board of the Eurasian Economic Commission decided to reduce the import rate customs duty for cocoa products from 3-5% to 0% from customs value until December 31, 2017, on March 1, 2016, at a meeting, the Board of the Eurasian Economic Commission extended the zero rates of import customs duty on timber and sheets for cladding from tropical wood species - makore, anergy, koto, ipe, imbayi, teak, zedro - thickness no more than 1 mm, and the EEC Board decided to extend the zero rate of import customs duty on parts for gas turbines with a capacity of 5,000 kW to 50,000 kW until the end of 2021. On June 2, 2016, at a meeting of the Board of the Eurasian Economic Commission, based on the results of a repeated anti-dumping investigation, it was decided to extend the anti-dumping measure for casing, tubing, oil and gas pipelines and pipes general purpose from Ukraine for another five years. These and many other law enforcement decisions in the field of foreign trade activities of the EAEU contribute to stabilizing the market within the Union and allow the development of imports and exports with third countries in the most balanced manner.

There may be an opinion that the EAEU regulatory framework is meager, and the only agreement on a free trade zone does not inspire confidence, but this is far from the case. In our opinion, it is necessary to consider the prospects development of the EAEU and relations with its foreign trade partners, as well as the complexity and volume of current and future regulatory work, in order to appreciate the enormous amount of work already done and the prospects for this type of cooperation.

Firstly, it is necessary to consider the negotiation tracks on free trade with third countries. Thus, according to official information, on October 16, 2015, the Supreme Eurasian Economic Council adopted decision No. 29 “On the start of negotiations with the State of Israel on concluding an agreement on a free trade zone,” and on May 31, 2016, the Supreme Eurasian Economic Council adopted decision No. 6 “On the beginning of negotiations with the Republic of Serbia on the unification of the trade regime with the Republic of Serbia by the Eurasian Economic Union and its member states."

In addition, the process of studying prospects for starting negotiations on concluding free trade agreements with the Arab Republic of Egypt, the Republic of India, and the Islamic Republic of Iran has begun, and a group is also working to determine optimal approaches to the development of trade and economic relations between the EAEU and the Republic of Korea.

Secondly, we should not forget the initiative supported by the leaders of the EAEU and China to connect the Economic Belt Silk Road and the EAEU. “For us, combining the implementation of the SREB project with the functioning of the single market within the EAEU and the development of its relations with external partners in Eurasia, such as India, Iran, Pakistan, is a chance to build a wide interconnected zone of co-development of Eurasia, which would have significant potential and economic weight in the global economy,” noted Veronika Nikishina, Minister of Trade of the Eurasian Economic Commission, at the Astana Economic Forum.

Thus, it is worth concluding that the prospects for foreign trade in the EAEU are enormous, since in addition to the countries mentioned above, more than 40 states are interested in trade with the EAEU and liberalization of trade conditions. In addition, there is a long-term development plan until 2030, in which, based on EEC research, the greatest development potential within the Union is in the field of goods - the production of pharmaceutical products and goods chemical industry, and in the service sector - travel (covering goods and services purchased in a country during a visit by non-residents of that country for their own consumption or subsequent transfer to a third party) and transport services.

In connection with these prerequisites, in the near future the regulatory framework associated with these sectors of production and trade will be regulated in more detail, and the regulatory framework will expand, which will reduce costs for the EAEU states and private entrepreneurship in trade with third countries. Already now it is worth actively monitoring the decisions of the EEC in the field of foreign trade and using the competitive advantages of the EAEU activities in those areas of trade that are given relatively preferential treatment, occupying trade niches in groups of goods that are not subject to trade duties, as well as with those countries with which tariffs have been lifted. administrative and other barriers to trade.

Bibliography:

1. Shakleina T.A., Baykova A.A. Megatrends: Main trajectories of the evolution of world order in the 21st century. - M. 2013.
2. BalassaB. TheTheoryofEconomicIntegration.Boston, MA: Irwin, 1961.
3. Treaty on the Eurasian Economic Union (as amended on 05/08/2015) // URL: Official website of the Eurasian Economic Commission http://www.eurasiancommission.org (Date of access: 10/26/16)
4. General Agreement on Tariffs and Trade 1994 (GATT) (Together with the Arrangements relating to Balance of Payments Provisions, Waivers, the Interpretation of Articles II:1(b), XVII, XXIV, XXVIII, “Marrakesh Protocol...” ) (Concluded in Marrakech on 04/15/1994) // URL: http://treaties.un.org/ (Access date: 10/26/16)