Uniform Application of Law as a Function of the EAEU Court: Current Issues of Practice

The article analyses main legal positions of the Court of the Eurasian Economic Union describing the scope of the Court’s function to ensure uniformity of application of the Treaty of the Eurasian Economic Union, international treaties of the Union, international treaties between the Union and a third party, and decisions of the EAEU organs by member states and organs of the Union. Consideration is being given to the realization of the mentioned function of the Court through its powers, as well as to its interrelation with the Court’s implementation of normative control regarding compliance of the member states and the Eurasian Economic Commission with the EAEU law.

On the basis of the Court’s jurisprudence consistent application by the Court of uniform legal positions is demonstrated regarding questions of execution of the Court’s decisions, limits of the Commission powers, and restoration of the rights of economic entities in the sphere of business and other economic activities. The significance of the designated function to ensure uniformity of law enforcement for the exclusion of contradictory decisions of the Commission from the EAEU law is analyzed, taking into account that the Court does not have the power to declare such acts invalid. The approaches of the Court in determining whether the relevant decision has been properly implemented, taking into account the principle of res judicata, are considered.