法律规制协调在全球和区域一体化进程中的作用

E. Orlova
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摘要

. 本文致力于研究不同地位和目标的一体化协会参与国的国内法趋同问题。全球化对各国法律制度趋同过程的影响是对法律趋同及其形式研究的科学方法进行比较研究。因此,在分析当前国际和国家立法的基础上,在界定全球和区域一体化过程中法律规制协调的内容和作用的基础上,形成了法律及其形式趋同的思想。在对《独联体宪章》第20条、独联体和欧亚经济联盟现有协定和文件进行分析和科学评述的基础上,对法律衔接的三种形式进行了界定:同步化、协调化和统一化。通过对《欧亚经济联盟条约》的规定和独联体成员国逐渐形成共同劳动力市场的概念的比较评析,本文描述了法律趋同形式的相互关系的逻辑,以及它们与政治一体化形式的关系。需要指出的是,“法律规制协调”与“立法协调”这两个概念有着不同的内涵。法律规制的协调被定义为法律趋同的一种方式(形式),确保法律政策的共同基础(方向)的形成,以便在公共生活的某些领域整合合作国家的国家法律制度。法律的纵向整合和横向整合有不同的模式。每一种整合模式都是从法律收敛形式的某种优先次序出发的。横向整合的优先形式是法律规制的同步化和协调化。就纵向一体化而言,在界定一体化协会的法律基础时,优先的形式是立法的协调和法律规制的统一:加入国将一体化协会的规范贯彻到本国的法律体系中。
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The Role of Harmonization of Legal Regulation in the Process of Global and Regional Integration
. The article is devoted to the study of the convergence problems of the national law of the participating states of integration associations of different status and goals. The influence of globalization on the process of convergence of national legal systems is A comparative study of scientific approaches to the study of the convergence of law and its forms is carried out. As a result, an idea of the convergence of law and its forms is formed based on the analysis of current international and national legislation, the definition of the content and role of the harmonization of legal regulation in the process of global and regional integration. Based on the analysis and scientific commentary of Article 20 of the CIS Charter, existing agreements and documents of the CIS and the EAEU, definitions of three forms of convergence of law are given: synchronization, harmonization and unification. As a result of a comparative commentary on the provisions of the Treaty on the Eurasian Economic Union and the Concept of the gradual formation of a common labor market of the CIS member states, the logic of the correlation of forms of convergence of law, their relationship with forms of political integration is described. It is noted that the concepts of “harmonization of legal regulation” and “harmonization of legislation” have different contents. Harmonization of legal regulation is defined as a way (form) of convergence of law, ensuring the formation of common foundations (directions) of legal policy in order to integrate the national legal systems of cooperating states in certain areas of public life. There are different models of vertical and horizontal integration of law. Each model of integration proceeds from a certain priority of forms of convergence of law. For horizontal integration, the priority forms are synchronization and harmonization of legal regulation. For vertical integration, when the legal foundations Journal of Foreign Legislation and Comparative Law, of the integration association are defined, the priority forms are the harmonization of legislation and unification of legal regulation: the acceding countries implement the norms of the integration association into their own legal system.
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