Political and Philosophical Analysis of the Interpenetration of Public-Law And Private-Law Spheres of Regulation in the Activities of the Eurasian Economic Union

Miashchanava, Maryia ; Frolova, Evgenia E.

Խ․ Աբովյանի անվան հայկական պետական մանկավարժական համալսարան

common (single) market ; customs union ; freedom to provide services ; competing federalism

164-172

The research objective of this article is to analyse the interpenetration of private law and public law regulation carried out within the framework of the Eurasian Economic Union. It is noted that in the sphere of private law, the EAEU has virtually no powers to unify / harmonise the national legislation of member states, but achieving the goals of building a common (single) market is often impossible without the elimination of private law barriers. This phenomenon is discussed using the example of restrictions on the freedom of establishment (in terms of opening branches of foreign organisations) and digitalisation of public procurement within the EAEU. It is argued that the phenomenon of “privatisation” of state functions, characteristic of the period of so-called globalisation, cannot be a distinctive feature of a multipolar world order. It seems more correct to speak of a close interrelation and interpenetration of private and public legal regulation of social relations.

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