THE INTERACTION OF THE EAEU COURT WITH THE NATIONAL BODIES OF THE MEMBER STATES OF THE UNION (IN THE CONTEXT OF THE REPUBLIC OF KAZAKHSTAN): PRACTICE, PROBLEMS AND WAYS FOR FURTHER IMPROVEMENT
The achievement of a uniform application of the EAEU law is impossible without a common understanding of the norms by the member states. In this direction, the EAEU Court plays one of the key roles, since its competence includes the power to clarify the provisions of legal documents that are an integral part of Union law. This academic article is devoted to some aspects of the activities of the Court. In particular, the author of the article considers the institution of advisory opinions, which is widely used in international judicial practice. Despite its nonbinding nature, advisory opinions have the same authority as the decisions of the EAEU Court. The article discusses the procedure for preparation of advisory opinions and the system of interaction of the EAEU Court with national authorities, including expert and academic organizations. The Institute of Legislation and Legal Information of the Republic of Kazakhstan has developed a stable practice of interaction with the EAEU Court. In particular, over a five-year period the Institute received 10 requests from the EAEU Court for submission of academic positions as part of the bigger procedure for presenting advisory opinions by the Court. The subject matter and the scope of regulation mentioned in requests are diverse: customs regulation, labor relations, the competence of the Union’s organs, etc. As an example, the article considers the requests from the EAEU Court, which were received by the Institute this year. The author also highlights the main problematic issues related to the institute of advisory opinions and powers of the EAEU Court regarding the interpretation of the provisions of the EAEU Treaty.