RETURNING TO THE PUBLICATION OF PROFESSOR E. ABAYDELDINOV ON THE HIERARCHY OF NATIONAL LAW IN TERMS OF THE SINGLE ECONOMIC SPACE

Authors

  • Danara Bagdatovna Abdildina

DOI:

https://doi.org/10.52026/2788-5291_2021_66_3_129

Keywords:

hierarchy of norms, integration law, EAEU, priority of norms, correlation of national and integration law

Abstract

The article analyzes the article by E.M. Abaydeldinov on the topic «Issues of the hierarchy of the national law within the Common Economic Space», which was published in the Bulletin of the Institute of legislation of the Republic of Kazakhstan No. 3 (27) in 2012. Considering at the time of publication the Eurasian Economic Union had not yet started functioning, the trajectory of changes in the opinions of the academic community regarding the future conditions of interaction between the law of the integration association and national law is of academic interest.

The author of the article conducts a retrospective analysis of the provisions of the article by Professor Abaydeldinov. In particular, the author set a goal to find out how much the approach to defining the hierarchy of norms has changed within the framework of a modern integration association. The uniform application of the norms of the Treaty on the EAEU, as well as their interaction with the norms of the laws of the member states, directly affects the efficiency of integration. In this regard, the opinions of foreign academics, the positions of the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, as well as the position of the EAEU Court as the body responsible for the uniform application of the provisions of the Treaty on the EAEU on the territory of the member states were studied.

In the course of the research, the author came to the conclusion that the, the hierarchy of national legal acts and the issues of the priority of acts of the integration association proposed by E.M. Abaydeldinov, despite the changes that have occurred in national legislation in the field of regulation of legal acts and international treaties, correspond to the current position of the state and the practice of the EAEU Court.

Published

30.09.2021

How to Cite

Abdildina Д. Б. (2021). RETURNING TO THE PUBLICATION OF PROFESSOR E. ABAYDELDINOV ON THE HIERARCHY OF NATIONAL LAW IN TERMS OF THE SINGLE ECONOMIC SPACE. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 3(66). https://doi.org/10.52026/2788-5291_2021_66_3_129