Право/13. Международное право
M.S. Iskalieyva Senior teacher, Master of Law Department
of General Legal and Special Disciplines
Sadvokasova N.,
Medeuova M., Zeynollayeva A.
Karaganda Economic University
UNIFICATION OF LAW IN
THE INTERNATIONAL COOPERATION OF EURASEC
In recent years we have witnessed a trend towards restoration and
strengthening of economic relations disrupted after the collapse of the USSR
between the countries of the Commonwealth of Independent States and formation
of a market-based common economic space of a few best-prepared countries.
Others countries are to be included into the union when ready.
Having greater potential and
influence, Russia and Kazakhstan have played a leading role in this regional
integration project.
The Customs Union of Belarus, Kazakhstan, Kyrgyzstan, Russia, and
Tajikistan was launched on January 6, 1995 with the signing of the Agreement on
the Customs Union between Russia, Belarus and Kazakhstan of January 20, 1995.
The Kyrgyz Republic acceded to the union on March 29, 1996. At the same time
the Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic and the
Russian Federation signed an agreement on deepening integration in economic and
humanitarian fields. On February 26, 1999 the agreement on the Customs Union
and the abovementioned agreement were joined by the Republic of Tajikistan [1].
This is a long-term basis for the relations between the signatory states
and is a framework document just like the majority of such-like documents in
the Commonwealth. The proclaimed goals in economic, social and cultural
cooperation are rather broad, diversified, and require long time for implementation.
In this regard, building a single economic space (art. 2 of the
Agreement) for effective functioning of the common market of goods, services,
capital and labor is reasonably impossible without passing several successive
stages that must comply with the objective conditions and the level of
development of the national economy.
Formation of a free-trade zone (regime) is the first evolutionary stage
of economic integration. In cooperation with the partners, the parties transit
to trade without import duties. There is a gradual elimination of non-tariff
regulation measures without exceptions and restrictions in mutual trade.
The second stage is building a customs union. From the perspective of
the movement of goods it is a trade regime which uses no internal restrictions
in mutual trade, the member states use a common customs tariff, single system
of preferences and exemptions, unified measures of non-tariff regulation, the
same system of direct and indirect taxes, and witness the process of establishing
a common customs tariff. The next step preceding the common commodity market is
the creation of a single customs area, free movement of goods within the
borders of the common market, a unified customs policy, and free competition
within the customs area [1].
Adopted within the framework of the Commonwealth, Free Trade Agreement
of April 15, 1994 stipulating the step-by-step elimination of customs duties,
taxes and fees, as well as quantitative restrictions in mutual trade while
maintaining each country's right for independent determination of the trade
regime in relation to third countries could have been a legal basis for
building a free trade zone and trade cooperation of the CIS states in terms of
market reforms. However, solution to many specific issues on the basis of this
agreement and its practical implementation requires specific approaches
depending on the degree of mutual commitment of member states and their
readiness for economic integration, and most importantly their understanding of
real economic opportunities, benefits and expected losses.
In accordance with the decisions taken, the formation of the customs
union was conducted in two phases [3].
The first phase (1992-1996) envisaged complete elimination of tariff and
quantitative restrictions in mutual trade and set a single trade regime, common
customs tariffs and non-tariff measures in relation to third countries.
The second phase (1997-2000) planned the unification of the customs
territories of the three countries into a single customs territory with the
transfer of customs control from internal to external borders of the Union.
By early 1996, the first stage of formation of the Customs Union of
Russia, Belarus and Kazakhstan had been mostly completed (Kyrgyzstan joining
the Customs Union in March, 1996 succeeded in solving its problems to a lesser
extent). Tariff and non-tariff barriers
in mutual trade of the three countries were completely removed, and customs
legislations are unified. In July 1996, the customs control and customs clearance
at the border of the Russian Federation and Belarus were canceled and
checkpoints eliminated. Moreover, a simplified procedure of customs control on
the Russian-Kazakh border was established.
The Integration Committee identified 10 conditions to be met for
complete formation of the customs union (a free trade zone without exceptions
and limitations, unification of the external economic legislation, a uniform
procedure of external economic regulation, a single trade regime with third
countries, etc.). By mid-1996, according to the Integration Committee, the
participating countries fully or partially completed six of these conditions.
Adopted in September, 1996, the decision to establish a single customs
service of the Russian Federation and Belarus was an important step towards the
creation of the customs union.
In shaping the customs union, a number of serious problems causing
direct harm to the interests of Kazakhstan was revealed. Due to significant
differences in the structures of the member countries' economies, it proved
quite difficult to set up a customs tariff. National tariff rates differed
quite significantly (for example, in Russia import duties on imported cars
amounted in 1995 to 70%, while in Kazakhstan having no car industry this number
was 25%). In January, 1996 the Russian Federation, Belarus and Kazakhstan have
brought their import tariffs to a common - Russian - standard (although Russia
has made concessions to partners in some commodities). Soon, however, first
Belarus and Kazakhstan and then Russia started to break the agreement and
unilaterally change the rates. As a result, the already settled question of
establishing a single rate was placed on the agenda again.
Another problem was the control at the external borders of the Customs Union.
Although the agreements signed provide for an effective joint control aimed at
preventing uncontrolled import and export, in real-world terms it was lagging
behind the liberalization of mutual trade within the Customs Union. The
countries which suffered to a great extent from this situation were Russia and
Kazakhstan. For example, illegal inflow of commodities into the Republic of
Kazakhstan and the Russian Federation on a large scale was carried out through
Belarus from Ukraine and the Baltic countries, which used the lack of effective
control on the borders of Belarus with Ukraine, Latvia and Lithuania. At
virtually open borders of Kazakhstan with the states of Central Asia, there had
been a danger of illegal import of arms and drugs to Russia from those States.
According to the Customs Committee of the Russian Federation, unreported
imports from countries outside the customs union to Russia, Belarus and
Kazakhstan are estimated at US $ 6 billion annually. Despite this, development
and adoption of effective measures for protecting external borders of the
Customs Union and the Commonwealth of Independent States in general was
unreasonably stalled.
The question is what stand within the Customs Union was to be taken by
Kazakhstan with regard to both successes and achievements and serious problems.
There are 2 approaches to this issue. Advocates of the first approach believed
that the customs union in its present state is in fact a burden for Kazakhstan
and suggested to delay the related efforts for at least as long as the partner
countries come close to Kazakhstan in
the main economic parameters.
1. Customs-tariff regulation in the Republic of Kazakhstan. / Comp. N.V.
Ovchinnikov. - Pavlodar: Info-T, 2009
2. Shurubovich A. The Customs Union of the CIS and Russian interests: //
Problems of the theory and practice of management.
3. Yu.V. Shishkov. Integration process in Western Europe: tendencies and
contradictions. /Yu.V. Shishkov. - Moscow, 2009