HARMONIZATION OF INTERNATIONAL PROCEDURE STANDARDS: THE IDEA OF LEGAL ACHIEVEMENTS OR AN UNREACHABLE IDEAL (BY THE EXAMPLE OF THE EAEU COURT)

Abstract

The article is devoted to the problematic issues of the implementation of generally recognized principles and uniform procedural standards of justice in the law of the Eurasian Economic Union.

The issue of recognition of the general procedural principles of international law is the subject of numerous discussions both at the national and international levels. At the same time, if the issue of procedural standards is sufficiently settled at the national level, then the question of the place of international procedural law in the system of law remains debatable.

The purpose of this article is to determine the place and content of international procedural law in the system of law, the problematic aspects of the implementation of the generally recognized principles of the administration of justice in the procedural law of the Eurasian Economic Union by analyzing scientific works, the legal framework and law enforcement practice.

The author studied the legal nature of international procedural law, analyzed the various points of view of domestic and foreign researchers on the place of international procedural law in the system of law. The law enforcement practice of the Court of the Eurasian Economic Union is considered from the point of view of filling a number of gaps in the procedural law of the Union by the method of judicial interpretation based on the fundamental principles of the administration of justice.

The article gives a positive assessment of judicial discretion in the aspect of interpreting the norms of procedural law in order to fill the gaps in regulation, because it is subject to the principle of legal certainty.

The author pays attention to the institution of self-withdrawal of a judge, the implementation of which is not possible, considering the existing structure of the Union's legal norms on the number of members of the Court and the observance of a quorum. The absence in the law of the Eurasian Economic Union of the institution of disqualification of a judge was assessed from the standpoint of observing the fundamental principle of impartiality in the administration of justice and the need to replenish the law of the Union by this institution.

The author believes that the harmonization of international procedural standards with their construction into an independent branch of law will entail the intensive introduction of unified institutions of procedural law into the legal regulation of various types of international legal systems.