International Legal Features of the Constitutional Rights Implementation of the EAEU Member States Citizens in the Field of Pensions

Мишальченко, Ю. В.; Платонова, Л. А.; Toropygin, A. V.

doi:10.22394/2073-2929-2021-03-66-76

jour

2021

DOI: 10.22394/2073-2929-2021-03-66-76

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International Legal Features of the Constitutional Rights Implementation of the EAEU Member States Citizens in the Field of Pensions

Ю. В. Мишальченко

Л. А. Платонова²,

A. V. Toropygin

Abstract: This article considers the pension provision of workers of the Eurasian Economic Union member states based on an analysis of the EAEU legislation and a comparative analysis of the domestic pension legislation of the EAEU member states in order to identify the features of their citizens’ social protection in the event of disability. The article discusses the procedure for organizing pensions provision with the application of an Agreement on Pension Provisions for Workers of the EAEU member states of 20 December… Show more

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2024

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International Legal Regulation of Pension Provision of Workers of the Eurasian Economic Union Member States

Levina

2024

Pravo upr., XXI vek

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Introduction. The present article examines the conditions of the formation and functioning of the pension protection system for member states’ workers of the Eurasian Economic Union. The study of pension issues in the EAEU is based, inter alia, on the review of a number of international treaties as the legal framework of the Customs Union and the Common Economic Space. In the context of this work the author has also conducted a comprehensive analysis of the provisions of the Agreement on pension provision of workers of the Eurasian Economic Union Member States dated December 20, 2019 as well as the relevant practice of the EAEU Court.Materials and methods. In the course of preparing the article, international treaties included in the legal framework of the Customs Union and the Common Economic Space in the field of pension provision for migrant workers, as well as the relevant norms of the Union law and the practice of the EAEU Court, have been studied. The theoretical basis of this work consists of the research of domestic specialists in the field of international law, dedicated to the common labor market of the EAEU. The methodological basis of the study is the following general scientific methods of cognition of legal phenomena: methods of analysis and synthesis, induction and deduction, and analogy. The special scientific methods that the author has also used in his research include formal legal, comparative legal and historical legal methods of cognition.Research results. As a result of the analysis, it has been revealed that the development and signing in 2019 of the Agreement on pension provision of workers of the Eurasian Economic Union Member States is a key step in building a pension system for workers in the EAEU countries. Despite the fact that this international treaty, which entered into force on January 1, 2021, is still standing the test of time, there is no doubt that its implementation is one of the important conditions for the successful functioning of the Union’s common labor market.Discussion and conclusion. Ensuring the free movement of labor within the framework of modern regional integration organizations is inextricably linked with providing workers with equal guarantees in the field of pension provision, as well as the protection of their acquired pension rights. It is possible that the positive dynamics of labor migration in the EAEU is due, among other things, to the transition to a qualitatively new level of legal regulation of pension provision for workers in its member states. At the same time, as follows from the analysis of the practice of the EAEU Court, the interest of states in clarifying certain norms of the Union law in the relevant area remains quite high.

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International Legal Regulation of Pension Provision of Workers of the Eurasian Economic Union Member States

Levina

2024

Pravo upr., XXI vek

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International Legal Features of the Constitutional Rights Implementation of the EAEU Member States Citizens in the Field of Pensions

Cited by 1 publication

References 3 publications

International Legal Regulation of Pension Provision of Workers of the Eurasian Economic Union Member States

International Legal Regulation of Pension Provision of Workers of the Eurasian Economic Union Member States

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