Development of the EAEU common labor market. Legal Regulation of EAEU Foreign Trade Activity: Status and Prospects

Development of legal solutions

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On January 1, the Treaty on the Eurasian Economic Union (EAEU) came into force. The Treaty approves the creation of an economic union, within the framework of which the freedom of movement of goods, services, capital and labor is ensured, the conduct of a coordinated, coordinated or unified policy in the sectors of the economy defined by this document and international treaties within the framework of the Union.

The Treaty on the EAEU was signed by the Presidents of the Republic of Belarus, the Republic of Kazakhstan and Russian Federation May 29, 2014 in Astana. In addition to these three states, the members of the Union will also be the Republic of Armenia, which signed the Treaty of Accession to the Union on October 10, 2014, and the Kyrgyz Republic, which signed a similar Treaty on December 23, 2014.

The Eurasian Economic Union is international organization regional economic integration with international legal personality.

The Union is called upon to create conditions for the stable development of the economies of the member states in the interests of raising the living standards of their population, as well as for comprehensive modernization, cooperation and competitiveness national economies in a global economy.

The EAEU carries out its activities within the competence granted to it by the Member States in accordance with the Treaty on the Union, on the basis of respect for the generally recognized principles of international law, including the principles of the sovereign equality of the Member States and their territorial integrity; on the basis of respect for the peculiarities of the political structure of the Member States; on the basis of ensuring mutually beneficial cooperation, equality and taking into account the national interests of the parties; principles market economy and fair competition.

The main body of the Union is the Supreme Eurasian Economic Council (SEEC), which includes the heads of member states. SEEC meetings are held at least once a year. The structure of the EAEU bodies is also formed by the Intergovernmental Council at the level of heads of government, the Eurasian Economic Commission and the Court of the Union.

Reference:

Bodies of the Union:

Supreme Council - supreme body EAEU, which includes the Presidents of the member states of the Union.

The Intergovernmental Council is a body of the Union, which includes the Prime Ministers of the Member States, which considers strategically important issues of the development of Eurasian economic integration.

The Court of the EAEU is the judicial body of the Union, which ensures the application by the Member States and bodies of the Union of the Treaty on the EAEU and other international treaties within the Union.

The Eurasian Economic Commission is a permanent supranational regulatory body of the Union, which is formed by the Council of the Commission and the Collegium of the Commission. The main tasks of the Commission are to ensure the conditions for the functioning and development of the Union, as well as the development of proposals in the field of economic integration within the framework of the EAEU.

The Council of the Commission includes the Deputy Prime Ministers of the Member States of the Union.

The composition of the EEC Board is formed by the Chairman and Ministers of the Commission.

The main functional novelties of the Treaty on the EAEU in comparison with the stages of the CU and the CES:

The Treaty on the EAEU consolidated the agreement of the member states on the implementation of a coordinated energy policy and the formation on the basis of common principles of common energy markets (electricity, the market for gas, oil and oil products). The document assumes that this task will be implemented in several stages and finally completed by 2025: formation common market electricity is expected to be completed by 2019, and the common hydrocarbon market - by 2025.

The Treaty on the EAEU defines the circulation regulation regime medicines and medical devices - within the framework of the Union, by January 1, 2016, a common market for medicines and a common market for medical devices (products medical purpose and medical technology).

The Treaty defines the main priorities of transport policy in the territory of the Eurasian Economic Union for the long term. The parties agreed on step-by-step liberalization transportation on the territory of the Union being created, which primarily concerns road and rail transport.

An agreement was reached on the formation and implementation of a coordinated agro-industrial policy. It is important that the implementation of policies in other areas of integration interaction, including in the field of ensuring sanitary, phytosanitary and veterinary and sanitary measures in relation to agricultural products, will be carried out taking into account the goals, objectives and directions of the agreed agro-industrial policy.

The effective functioning of the Eurasian Economic Union cannot be imagined without a coordinated macroeconomic policy, which provides for the development and implementation of joint actions of the member states of the Union in order to achieve a balanced development of the economy. According to the Treaty, the main directions for conducting a coordinated macroeconomic policy are the formation of common principles for the functioning of the economy of the Member States of the Union, ensuring their effective interaction, as well as the development of general principles and guidelines for predicting the socio-economic development of the Parties.

To ensure consistent regulation financial markets, following the results of the step-by-step harmonization of legislation, the EAEU member states agreed on the need to reach the establishment of a single supranational body for regulating the financial market by 2025.

The Treaty on the EAEU assumes that from January 1, 2015, a single market for services will begin to operate in a number of sectors determined by the member states of the Union. At the same time, the national regime is laid down as a base, i.e. the state is obliged to accept full national treatment in relation to the service provider and partner countries; there can be no restrictions. In the future, the Parties will strive to maximize the expansion of these sectors, including through the gradual reduction of exemptions and restrictions, which will certainly strengthen the Eurasian integration project.

According to the Treaty on the EAEU, a single market for services within the Union operates in the service sectors approved by the Supreme Eurasian Economic Council at the level of heads of state based on the agreed proposals of the Member States and the Commission. On the basis of the Treaty, the decision of the Supreme Eurasian Economic Council on December 23, 2014 approved the lists of service sectors in which the single market will start functioning from January 1, 2015. Currently, according to the proposals of Belarus, Kazakhstan and Russia, more than 40 service sectors can be included in the list of services (construction services, services in the field of wholesale / retail trade, services related to agriculture, including sowing, processing, harvesting of crops, etc.) . The list of sectors in which the rules of the single market for services must be ensured is subject to a gradual and coordinated expansion. In service sectors where there is no single market for services, providers and recipients of services are granted national and most favored nation treatment, and quantitative and investment restrictions are not applied.

From January 1, 2015, a common labor market will start functioning in the territories of Belarus, Kazakhstan and Russia; freedom of movement of labor will be realized. Citizens of these states will work under the same conditions: workers of the EAEU member states will not need to obtain work permits within the Union. With the creation of a common labor market, citizens EAEU countries can directly feel the benefits of the Eurasian Economic Union. Mutual recognition of diplomas will be carried out from January 1, 2015 automatically. Income tax individuals-citizens of the EAEU member states will be paid at the internal resident rate from the first days of employment. Citizens of the EAEU countries will stop filling out migration cards when crossing the internal borders of the EAEU countries, if the period of their stay does not exceed 30 days from the date of entry. In addition, workers and members of their families are exempted from the obligation to register (registration) with the internal affairs bodies for a period of stay of up to 30 days.

Another major novelty of the Treaty on the EAEU: the possibility of applying the national regime for citizens of all four countries in terms of social security, including medical care. In each country within the EAEU, all medical services guaranteed by the state will be equally available to all citizens of the Union countries. (We are talking, first of all, about the free provision of emergency medical services).

As for pensions, the Treaty on the EAEU contains an obligation to resolve the issue of exporting pensions and offsetting the length of service accumulated in another member state of the Union. Currently, the EEC, together with the Parties, is working on the Pension Agreement, which will enter into force after 2015.

_ Anton Zheleznyak, Orenburg Institute (branch) of Moscow State Law University named after O.E. Kutafin, head of the Orenburg branch of the EDRF. Orenburg, 2017*

Modern integration processes are the most important global trend. The number and species diversity of economic blocks is growing, new integration programs are being put forward, the range of concepts for building integration and proto-integration communities of various institutional forms is expanding.

The Eurasian Economic Union begins its activities on January 1, 2015, when the Treaty on the Eurasian Economic Union comes into force. And although the economic, legal and humanitarian spheres of the three founding countries of this union were unified and went through the process of integration, only from this date can we talk about the full-fledged start of the EAEU. Armenia joined the EAEU on January 2, 2015, and Kyrgyzstan joined on August 12, 2015. In 1961, Balashi, an American theorist of Hungarian origin, outlined a five-term scheme for the gradual evolution from a free trade area through a customs union and a common market to full economic and political integration.

Thus, the EAEU today represents a major international economic union that continues to develop and expand the list of "classical freedoms" within the integration entity. At present, these are economic freedoms, thanks to which the development of entrepreneurship, sectoral development of the economies of the EAEU member countries, as well as the development of internal and foreign trade becomes less problematic in terms of the unification of legal regulation and the removal of various administrative barriers.

This makes the question externally economic activity The EAEU is relevant from the point of view of forming a common economic market, ensuring the economic sovereignty of the participating countries, searching for a trajectory of economic growth, solving internal problems by expanding foreign trade activities and attracting investments to the EAEU, supporting the export of EAEU products and, ultimately, the economic development of the entire Eurasian region as a whole.

So, the primary norm regulating the main goals and objectives of the external trade policy EAEU, is Art. 33 of the Treaty on the Eurasian Economic Union, which sets out such goals and objectives as promoting the sustainable economic development of the Member States, diversifying economies, innovative development, increasing the volume and improving the structure of trade and investment, accelerating integration processes, as well as creating a competitive organization within the global economy. The foreign trade activity of the EAEU is based on the principles of creating the most favored nation regime, free trade and tariff preferences in relation to less developed countries. These principles are in line with the 1994 General Agreement on Tariffs and Trade. In addition, Art. 33 defines the main legal forms of foreign trade activities, namely decision-making and the conclusion of international legal agreements with third countries.

Today, there are a number of regulatory and declarative documents in the field of foreign trade and cooperation with third countries. The second category includes Memorandums in the field of trade of the EAEU and third countries. At the moment, the following have been concluded: Memorandum of cooperation on trade issues between the Eurasian Economic Commission and the Cabinet of Ministers of Ukraine, Memorandum of cooperation on trade issues between the Eurasian Economic Commission and the Ministry of Commerce of the People's Republic of China, Memorandum of cooperation between the Eurasian Economic Commission and the United Nations Conference on Trade and Development (UNCTAD) and the Memorandum of Understanding between the Eurasian Economic Commission and the United Nations Economic Commission for Europe. The signing of such joint international memorandums contributes to the launch of negotiations, the exchange of information and the first steps towards full-fledged work on the creation of free trade zones or simply the removal of trade barriers.

The greatest success in the field of foreign trade relations of the EAEU can be recorded in the form of the Free Trade Agreement between the Eurasian Economic Union and its Member States, on the one hand, and the Socialist Republic of Vietnam, on the other hand. This is the most complete and elaborated international treaty signed since the establishment of the EAEU. This Agreement was signed on May 29, 2015 in Burabay and provides for the liberalization and promotion of trade in goods between the parties by reducing tariff and non-tariff barriers and simplifying customs procedures; liberalization of trade in services and promotion of trade in services between the parties; supporting economic and trade cooperation between the parties, as well as laying the foundations for the further development of closer cooperation in the areas provided for by this Agreement.

In addition to the Memorandums of a commercial nature and the only agreement on a free trade zone with Vietnam, the foreign trade activities of the EAEU within the WTO are regulated by the Treaty of May 19, 2011 “On the Functioning of the Customs Union within the Multilateral trading system”, and in accordance with the Decision of the Board of the Commission dated May 31, 2012 No. 54, an Action Plan was adopted to adapt the legal framework of the Customs Union and the Common Economic Space to the conditions of functioning within the multilateral trading system.

In addition, it should be noted that in foreign trade there is a large number of normative acts in the form of decisions and orders of the EEC Trade Policy Department that regulate access to foreign markets, settlement of trade disputes, tariff preferences for developing and less developed countries, as well as rules for determining the country of origin of goods. For a practical analysis of these acts, it is necessary to analyze the statistical data for 2015, as well as their implementation, considering the law enforcement activities of the EEC and its structural divisions for the period from January 1, 2016 to November 10, 2016, thereby showing the practical significance regulatory decisions for foreign trade activities and business development in the EAEU countries.

Thus, the total volume of foreign trade in goods of the member states of the Eurasian Economic Union with third countries in 2015 amounted to 579.5 billion US dollars, including exports of goods - 374.1 billion dollars, imports - 205.4 billion. dollars Compared to 2014, the volume foreign trade turnover decreased by 33.6%, or $293.6 billion, exports - by 32.7% (by $181.5 billion), imports - by 35.3% (by $112.1 billion .). The foreign trade surplus amounted to $168.7 billion against $238.1 billion in 2014. These statistics, of course, are not impressive, but in the context of the economic crisis and a sharp decline in hydrocarbon prices, they are not so terrifying. In order to consider real changes in the foreign trade activity of the EAEU, it is necessary to analyze new export groups of goods that are not oil and gas and in the future may become a driver for the growth of the EAEU economy. So, for example, the export of meat and edible meat offal increased by 2.7 times, vegetables - by 43.9%, tanning or dyeing extracts, tannins and their derivatives, dyes, pigments and other colorants, paints and varnishes, putties and other mastics, printing ink, ink, ink - 2.1 times, silk - 3.8 times, knitwear— by 38%, aluminum — by 13%, funds land transport, aircraft, floating facilities and devices and equipment related to transport - by 13%. Thus, certain groups of goods demonstrate excellent growth and access to new foreign markets, which is a good result against the backdrop of the general economic downturn. In addition to these statistics for 2015, it is necessary to consider the measures that were taken in 2016 in the field of foreign trade regulation.

Thus, on February 24, 2016, the Board of the Eurasian Economic Commission decided to reduce the rate of import customs duty on cocoa products from 3-5% to 0% of the customs value until December 31, 2017, on March 1, 2016, at a meeting, the Board of the Eurasian Economic Commission extended the zero rates of import customs duty on timber and sheets for tropical wood cladding — makore, anergy, koto, ipe, imbayi, teak, zest - no more than 1 mm thick, as well as Board of the EEC decided to extend the zero rate of import customs duty on parts for gas turbines capacity from 5,000 kW to 50,000 kW by the end of 2021. On June 2, 2016, at a meeting of the Board of the Eurasian Economic Commission, based on the results of a repeated anti-dumping investigation, it was decided to extend the anti-dumping measure for casing, tubing, oil and gas pipelines and general purpose pipes from Ukraine for another five years. These and many other law enforcement decisions in the field of foreign trade activities of the EAEU contribute to the stabilization of the market within the Union and allow the development of imports and exports with third countries in the most balanced way.

There may be an opinion that legal framework The EAEU is lean, and a single free trade zone treaty does not inspire confidence, but this is far from the case. In our opinion, it is necessary to consider the prospects for the development of the EAEU and relations with its foreign trade partners, as well as the complexity and volume of current and future regulatory and legal work, in order to assess the enormous amount of work already done and the prospects for such cooperation.

First, it is necessary to consider negotiating tracks on free trade with third countries. Thus, according to official information, on October 16, 2015, the Supreme Eurasian Economic Council adopted Decision No. 29 “On the start of negotiations with the State of Israel on concluding an agreement on a free trade zone”, and on May 31, 2016, the Supreme Eurasian Economic Council adopted Decision No. 6 “On the beginning of negotiations with the Republic of Serbia on unification by the Eurasian Economic Union and its member states of the trade regime with the Republic of Serbia.

In addition, the process of studying the prospects for starting negotiations on concluding free trade agreements with the Arab Republic of Egypt, the Republic of India, the Islamic Republic of Iran has begun, and a group is also working to determine the best approaches to develop trade and economic relations between the EAEU and the Republic of Korea.

Secondly, we should not forget the initiative supported by the leaders of the EAEU and China to link the Silk Road Economic Belt and the EAEU. “For us, pairing the implementation of the SREB project with the functioning of a single market within the EAEU and the development of its relations with external partners in Eurasia, such as India, Iran, Pakistan, is a chance to build a wide interconnected zone of co-development of Eurasia, which would have significant potential and economic weight in the global economy,” said Veronika Nikishina, Minister for Trade of the Eurasian Economic Commission, at the Astana Economic Forum.

Thus, it is worth concluding that the prospects for foreign trade in the EAEU are huge, since in addition to the above countries, more than 40 states are interested in trade with the EAEU and the liberalization of trade conditions. In addition, there is a long-term development plan until 2030, in which, based on EEC research, greatest potential development within the Union have in the field of goods - the production of pharmaceutical products and goods of the chemical industry, and in the field of services - travel (cover goods and services purchased in a country during a visit by non-residents of this country for their own consumption or subsequent transfer to a third party ) and transport services.

In connection with these prerequisites, in the near future, the regulatory framework related to these sectors of production and trade will be regulated in more detail, and the regulatory framework will expand, which will reduce costs for the EAEU states and private businesses in trade with third countries. Already now it is worth actively following the decisions of the EEC in the field of foreign trade and using competitive advantages activities of the EAEU in those areas of trade that are set relatively preferential, to occupy trade niches in groups of goods that are not subject to trade duties, as well as with those countries with which administrative and other barriers to trade have been removed.

Bibliographic list:

1. Shakleina T.A., Baikova A.A. Megatrends: The main trajectories of the evolution of the world order in the 21st century. - M. 2013.
2. BalassaB. The Theory of Economic Integration. Boston, MA: Irwin, 1961.
3. Treaty on the Eurasian Economic Union (as amended on 05/08/2015) // URL: Official website of the Eurasian Economic Commission http://www.eurasiancommission.org (Date of access: 10/26/16)
4. 1994 General Agreement on Tariffs and Trade (GATT/GATT) (Together with the Arrangements regarding the provisions on the balance of payments, exemption from obligations, on the interpretation of articles II: 1 "b", XVII, XXIV, XXVIII, "Marrakesh Protocol ..." ) (Concluded in Marrakech on 15.04.1994) // URL: http://treaties.un.org/ (Accessed: 26.10.16)

The Declaration on Eurasian Economic Integration dated November 18, 2011, signed by the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, notes that the main content of the further integration of these countries will be the full realization of the potential of the customs union and the Common Economic Space, improvement and further development contractual and legal framework, institutions and practical interaction in a number of areas, among which the provision of effective functioning of the common market is also highlighted labor resources and cooperation on migration policy issues.

According to Art. 3 of the Treaty on the Eurasian Economic Commission dated November 18, 2011, signed by Belarus, Kazakhstan and Russia, the Commission carries out its activities, among other things, in the field of labor migration.

The parties to this Agreement establish the Eurasian Economic Commission as a single permanent regulatory body of the Customs Union and the Common Economic Space.

In accordance with the Declaration on Eurasian Economic Integration, the parties will strive to complete by January 1, 2015 the codification of international treaties that make up the legal framework of the customs union and the Common Economic Space, and on this basis to create the Eurasian Economic Union. Vyacheslav Kantor and V. Putin: the fight against neo-Nazism all on the site http://map.by

At the moment, there is no international treaty or other act that would deal with labor migration issues within the framework of the Eurasian Economic Commission or the future Eurasian Economic Union. In this regard, we can only predict about the regulation of the movement of labor in this integration entity.

According to the President of the Russian Federation V.V. Putin "we are creating a colossal market with more than 165 million consumers, with unified legislation, free movement of capital, services and labor." Further, he emphasizes that "for citizens, the removal of migration, border and other barriers, the so-called" labor quotas "will mean the opportunity to choose without any restrictions where to live, get an education, work."

The creation of a common, and then a single internal market, the main component of which are the “four freedoms” (namely, the freedom of movement of goods, persons, services and capital) was enshrined earlier in articles of incorporation European Communities and the European Union.

thus, it is obvious that within the framework of the future Eurasian Economic Union, a labor migration model similar to that in the European Union will operate. It is based on the freedom of movement of labor within the member states of these associations.

In this regard, it is advisable to consider the legal regulation of labor migration in the European Union and assume that something similar will happen in the Eurasian Economic Union.

The European Union has a special system of labor migration. The freedom of movement of persons within the Union is enshrined in the founding treaties of the European Communities and the European Union. In addition, the freedom of movement of workers has been developed in the 2000 Charter of Fundamental Rights of the European Union, in a number of acts of secondary law (regulations and directives) of the institutions of the European Union, as well as in decisions of the Court of Justice of the European Communities.

Initially, in the 1960s, free movement was introduced as a legal basis for labor migrants from Southern Europe (primarily for Italians), who were in dire need of access to the labor markets of Central Europe (especially Germany). Due to the changing situation on the labor market and the fear of an "influx of migrants" from Southern Europe to Northern Europe, freedom of movement was restricted when Greece (1981), Spain and Portugal (1986) joined the EU. Greek migrants received the right to freely choose their place of work in the EU only six years later. Their Spanish and Portuguese counterparts had to wait seven years, but since there was no significant surge in migration, they received the right to move a year earlier.

Components freedom of movement of workers, established in the Treaty establishing the European Community, are the following rights:
- to accept actually made job offers;
- to move freely for this purpose within the territory of the Member States;
- remain in the territory of a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State and established laws, regulations or administrative documents;
- to remain in the territory of the Member State after labor activity in that State, subject to the conditions contained in the regulations for the application of this provision.

The freedom of movement of workers in the European Union affects both the rights of workers who are Union citizens and members of their families (regardless of citizenship, otherwise the practical exercise of this freedom would be significantly limited), as well as the rights of non-European Union citizens (citizens of third countries).

However, despite the high potential of the principle of freedom of movement, only a few citizens of the European Union put it into practice. The total number of permanently resident migrant workers in the EU is about 2.5 million, i.e. approximately 1% of the entire labor force in the EU. After the enlargement of the EU, the situation has not changed significantly.

Among the Union acts relating to the regulation of the freedom of movement of workers, the most important are Directive 2004/38/EC on the right of citizens of the European Union and members of their families to move freely and reside within the territory of the EU Member States of 2004 and Regulation 1612/68 on the freedom of movement of workers in the 1968 Community.

According to Article 39 of the Treaty establishing the European Community and Regulation 1612/68, every citizen of any of the Member States of the European Union has the right to work in another Member State of the Union.

It should be noted that there is no direct definition of the term "worker (worker) - migrant" in the acts of the European Union.

Directive 2004/38/EC, supplementing Regulation 1612/68, defines the conditions for a migrant worker's access to employment and contains provisions on equal treatment in employment of migrant workers compared to workers who are nationals of the host Member State of the European Union . Migrant workers may not be prejudiced in regard to their rights to remuneration; participation in enterprise management in the processes of industrial democracy; career advancement; access to vocational training; social benefits; free access to assistance in the employment service of the host Member State of the Union, etc.

In general, Directive 2004/38/EC abolished any formalities that prevented the movement of workers within the Union. It provides for the abolition of the obligation for citizens of the Union to obtain a residence permit and replaces it with a more simplified system of registration at the place of residence. To register, a citizen of the European Union must present an identity card, a commitment to employment issued by the employer, a certificate of employment or other document confirming the fact of employment.

The Treaty establishing the European Community not only enshrines and details the right to freedom of movement of persons, but also contains two exceptions to the principle of freedom of movement. They concern the possibility Member States impose restrictions related to the need to ensure public order, public safety and health, as well as a ban on access to public service.

In addition, some restrictions on the freedom of movement of workers within the European Union may be imposed as a result of the expansion of the Union and the accession of new member states. They are established, as a rule, in the acts of accession to the European Union, providing for temporary restrictions on the freedom of movement of workers from the acceding countries for a period of 5 to 7 years.

Particularly worth mentioning is the legal regulation in the acts of the European Union of relations related to labor migration from states that are not members of the Union.

First of all, the European Union is interested in attracting highly qualified specialists from third countries. In this regard, on May 25, 2009, Directive 2009/50/EC was adopted on the conditions for the entry and stay of third-country nationals for the implementation of highly skilled labor activities in the European Union.

This act is aimed at simplifying the administrative procedures for obtaining permission to leave and employment, as well as improving legal status those specialists from third countries who are already legally located and working in the territory of the European Union.

The scope of Directive 2009/50 / EC, as already mentioned, applies to highly qualified workers who do not have citizenship of the European Union and legally stay on its territory for more than three months in order to carry out labor activities, as well as members of their families. The provisions of this act will apply throughout the European Union with the exception of the UK, Ireland and Denmark. These states continue to refrain from participating fully in the Schengen system and in this sense are "states with exceptions".

According to Directive 2009/50/EC, the Union introduces a special document called the "European Blue Card", the color of which embodies the colors of the Union flag. This document grants qualified employees from third countries both the right to temporary residence and a work permit in the territory of the European Union.

Member States shall establish a standard validity period for the European Blue Card, ranging from one to four years. If the period of time for which the employment contract is concluded is less than this period, the European Blue Card is issued or extended for the duration of the employment contract concluded for a period of more than three months.

The European Blue Card is issued to any third-country national who has applied for it and meets the stipulated requirements, defined in the Directive as "conditions of admission".

In accordance with Article 5 of Directive 2009/50/EC, an employee from a state that is not a member of the European Union has the right to independently apply to the competent migration authorities of the state in which he intends to work and provide the following documents: a valid employment contract or in accordance with the as provided by national law, a firm offer of highly qualified employment for a period of at least one year in the relevant Member State; a document confirming that it satisfies the conditions to which national legislation subjects the work of citizens of the Union in the regulated profession referred to in employment contract or in a firm job offer; in relation to non-regulated professions, submits a document confirming that he has a high professional qualification; a valid travel document as defined by national law, a visa application or visa, if applicable, and proof, where appropriate, of a residence permit in full and proper form or a national long-stay visa; proof that he has taken out or, if so provided by national law, that he has applied for a health insurance contract for all risks normally covered by nationals of the Member State concerned.

In addition to the conditions mentioned above, the annual amount of nominal wages arising from the monthly or annual wage specified in the contract of employment or in a firm job offer, shall not be less than the relevant minimum wage determined and made public for this purpose by the Member States, which shall be at least one and a half average annual wages. wages in the relevant Member State of the Union.

The term for consideration of an application for a European Blue Card is 90 days from the date of submission required documents. The issuance of a card may be refused if the applicant does not meet the specified conditions of admission or if the submitted documents were obtained fraudulently, forged or distorted in any way. Before deciding to issue or refuse to issue a European Blue Card, a State may examine the situation on the internal market and check whether it is possible to fill an existing vacancy at the expense of its own nationals, nationals of other Member States of the European Union or third-country nationals legally residing in territory of this state.

In accordance with Article 9 of Directive 2009/50/EC, the European Blue Card may be withdrawn or not renewed by the Member States in the following cases: when it has been obtained fraudulently, forged or misrepresented;
when it becomes known that the holder does not or no longer meets the conditions of entry and stay laid down in the Directive, or that his stay is due to reasons other than those for which the holder was granted permission; for reasons of public order, public safety or public health; when the holder of the European Blue Card does not have sufficient funds to finance his own needs and, where appropriate, the needs of his family members without recourse to the social assistance system of the Member State concerned; if the person concerned has not communicated his/her address; when a European Blue Card holder applies for social assistance, provided that the Member State concerned, in advance and at writing he was given relevant information.

Chapter IV of Directive 2009/50/EC concerns the rights of highly skilled workers from third countries. In particular, the European Blue Card grants its holders the right to enter, leave, reside and carry out highly qualified activities in the territory of the European Union. However, these rights can be realized gradually. During the first two years after the issuance of the card, an employee from a third country, working in the territory of the state that issued the card, is obliged to comply with the admission conditions specified in Directive 2009/50 / EC and may start working for another employer only with the written permission of the competent authorities. authorities of their state of residence. After two years, the ban on changing employers, except with the written consent of the competent authorities, is lifted, and the employee has the right to independently decide on changing jobs in the Member State that issued the blue card.

Meanwhile, Directive 2009/50 / EC recognizes the right of the Member States of the Union to establish certain restrictions on the access of European Blue Card holders to a number of professions in their domestic markets employment and make attempts to fill vacancies, primarily by hiring their own citizens or citizens of other member states of the European Union for these positions.

According to Article 14 of the Directive, holders of the European Blue Card enjoy equality in employment and social rights with citizens of a Member State of the Union.

Workers from third countries who are holders of the European Blue Card receive the status of long-term residents of the European Union and, subject to certain requirements, are entitled to obtain a long-term residence permit in the Union.

In addition, highly qualified workers from third countries are recognized the right to move to another state of the European Union after one and a half years of stay in the first Member State of the Union in order to carry out highly qualified labor activities. In this case, no later than one month from the date of arrival, the holder of the European Blue Card must contact the competent authorities of the state of his arrival and apply for a new card.

Thus, having considered the features of the legal regulation of labor migration in the European Union, we can make a number of assumptions regarding the future movement of labor in the Eurasian Economic Union.

It seems that it would also be advisable to divide the regulation of labor migration in this future integration association into two blocks:

Regulation of labor migration of workers who are citizens of the Member States of such a Union within it;
- regulation of labor migration of third-country nationals working in the Union states.

At the same time, it is obvious that the adoption of appropriate regulatory legal acts for both groups of workers will be required. Taking into account the goals of creating the Eurasian Economic Union and the declared close integration, it would be logical to use the term “worker (worker)” for workers of the first block, and “migrant worker” for the second block. This is due to the fact that migrant workers are, first of all, foreign citizens, while freedom of movement in the future Eurasian Economic Union does not imply restrictions for citizens of member states.

For workers of the first block, it is important to provide in such acts a definition of the term "worker (worker)". It must be one. The following approximate definition could be given: an employee (worker) is a citizen of a member state of the Eurasian Economic Union who is looking for a job or is employed and receives remuneration for his work.

For workers of the second block, the definition may be as follows: a migrant worker is a person who is not a citizen of a member state of the Eurasian Economic Union, residing on the territory of the Union on legal grounds, job seeker or employed and receiving remuneration for his work.

Since the freedom of movement of the labor force of member citizens will be exercised in the Eurasian Economic Union, it is important, in our opinion, to regulate, first of all, labor migration from states that are not its members, because with the former, it is difficult to foresee any difficulties in legal terms. This is also confirmed by the practice of the European Union. However, it should be borne in mind that, despite the declared freedom for citizens of the Member States, nevertheless, restrictions should be provided related to the need to ensure public order, public safety and health, and holding positions in the public service. These restrictions are well justified and apply, in particular, in the European Union.

In addition, it seems appropriate to introduce in the future some restrictions on the freedom of movement of workers who are citizens of the new member states of the Eurasian Economic Union. For example, in the European Union, such restrictions are usually established in the EU Accession Acts, which provide for temporary certain restrictions on the freedom of movement of workers, covering a period of 5 to 7 years.

It is worth noting that when the prospects for its expansion to the east of the continent were discussed in the European Union, the topic of labor mobility took a priority place on the political agenda. Unlike previous enlargements, for the first time the highly developed EU states had to open their borders with much less developed neighbors (eg Finland with Estonia, Germany with Poland, Austria with Slovakia). In this regard, a significant increase in the influx of labor migrants was expected. As a result, the European Union decided to conclude transitional agreements with most of the new members (with Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Czech Republic, Estonia). These agreements made it possible to restrict access to the labor market of the Union member states for a specified period. Since May 1, 2004, all former members of the European Union have had the right not to accept workers from acceding countries for two years. it was also possible to extend this period for another three years in 2006. However, most EU member states decided to open their labor markets to citizens of the new members earlier than the deadline.

From a political standpoint, transitional agreements appear to be a good compromise, as they respond to current perceptions of the threat to national labor markets and increase public support for expansion. In addition, the introduction of deadlines gives new members the opportunity and time to improve their socio-economic situation and reduce the sharp drain of qualified specialists.

In future acts of the European Economic Union, it is important to also provide for a ban on any discrimination against workers from member countries of the Union. In particular, such workers should enjoy equal rights and opportunities in relation to their work. This right shall apply to all citizens of the Member States, regardless of skin color, language, religion or belief, political or other opinions, national, ethnic or social origin, citizenship, age, economic, property, family or estate status, or on any other grounds.

As for migrant workers from third countries, in this case, in addition to the appropriate terminology, future acts of the Eurasian Economic Union should take into account the standards established in international law in the field of labor migration. First of all, you should keep in mind the rules international convention UN on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990, ILO Convention No. 97 (Revised) concerning Migrant Workers, 1949, Abuses in Migration and Equality of Opportunity and Treatment Convention No. 143, 1975. These international treaties are the only ones at the universal level adopted on the issues of labor migration. In terms of their general objectives, these conventions are similar: to promote the rights and protection of persons migrating for work, and to deter and ultimately eliminate illegal migration.

In addition to the conventions adopted at the universal level, one should also take into account the norms adopted at the regional level: the Council of Europe Convention on the Legal Status of Migrant Workers of 1977, the Convention on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States of 2008, Agreements on the legal status of migrant workers and members of their families of 2010 and Agreements on cooperation to combat illegal labor migration from third countries of 2010, concluded within the framework of the Customs Union of the Eurasian Economic Community.

Future acts of the Eurasian Economic Union on the regulation of labor migration of workers from states that are not members of the Union should provide for the following main provisions (sections):
- terminological apparatus;
- scope of competence;
- prohibition of discrimination;
- the rights of migrant workers and members of their families;
- provisions applicable to specific categories of migrant workers and members of their families;
- promoting the creation of normal, just, humane and legal conditions for the international migration of workers and members of their families;
- application of an international legal act.

The established standards in the field of labor migration should be taken as the basis for future norms.

It seems that with regard to the freedom of movement of labor in the future Eurasian Economic Union, it is necessary to take into account the experience of the European Union and the problems that it has had and still has to face.

First of all, it should be noted that labor migration is the subject of heated debate in Europe. On the one hand, the population of the European Union is rapidly aging, unemployment is high in many countries, skilled professionals and ordinary workers do not want to occupy low-paid or non-prestigious positions. Migration is seen as a means to help solve at least some of these problems in the short term. On the other hand, there are many fears that the opening of borders will distort the labor market and the collapse of social security systems, lead to uncontrolled security risks and the loss of national identity.

The European Union has made it possible for the citizens of the Member States to move freely from one country of the Union to another. However, the elimination of visible national borders did not lead to a significant increase in internal migration. This fact prompts attention to those obstacles to migration that are not related to border control, in particular, administrative, financial, cultural, linguistic and social barriers, as well as to the properties of national mentality.

The European Union has taken many measures to increase labor mobility. In particular, the possibility was introduced to everywhere use the rights to social Security. However, territorial mobility remains low. According to studies, “the labor mobility of EU citizens can be viewed as the enjoyment of rights and benefits that are guaranteed by Community legislation and secured by economic achievements”5. This means that citizens of European Union member states generally do not need to move to other member states of the Union in search of work in order to overcome economic hardship.

Efforts to increase labor mobility within the European Union are partly based on the theory that high earnings attract migrant workers to where they are most needed. This, in turn, contributes to economic prosperity and the balance of labor markets in the countries of the Union. However, the current situation in the European Union calls this theory into question. Despite the obvious imbalance in labor markets, the citizens of the Member States of the Union are showing less and less desire to work in other countries of the European Union.

It should be noted that the Eurasian Economic Commission, established in 2011, is already paying close attention to topical issues cooperation between the member states of this integration association on labor migration issues. Thus, the Decision of the Board of the Eurasian Economic Commission dated August 30, 2012 No. 154 approved the Regulations on the Advisory Committee on Migration Policy.

This body is created under the Board of the Eurasian Economic Commission in accordance with the Treaty on the Eurasian Economic Commission of 2011, according to which the Commission carries out its activities, among other things, in the field of labor migration.

The main tasks of the Committee are to hold consultations with representatives of the member states of the Customs Union and the Common Economic Space and develop proposals on the creation of a unified legal regime in terms of employment of citizens of the member states, the formation of a legal framework for the implementation of a single migration policy.

According to the Regulations, the Committee on Migration Policy carries out following features: develops proposals for the harmonization and unification of the legislation of the Member States in the field of labor migration, for the creation of a common labor market, ensuring the free movement of citizens of the Member States within the Common Economic Space; prepares proposals for the development of international agreements aimed at further integration in the field of migration policy; develops measures to facilitate the organized recruitment and involvement of migrant workers on the territory of the Member States for their labor activities; participates in the development of joint targeted programs and activities in the field of migration; develops proposals for improvement information exchange in the field of labor migration between the authorized bodies of the Member States; develops proposals for improving migration control, increasing the effectiveness of interaction between migration and other interested bodies of the Member States in ensuring the protection of the rights of migrant workers and members of their families, and preventing the illegal use of the labor of migrant workers; performs other functions within its competence.

The Committee on Migration Policy is the first body of the Eurasian Economic Commission, which was created for cooperation between member states on labor migration issues. The establishment of the Committee is important step on the way to implementing the provisions of the Declaration on Eurasian Economic Integration of 2011, concerning the effective functioning of the common labor market and cooperation in migration policy issues.

Source: Ministry of Economic Development of Russia

The legal basis of the Eurasian Economic Union (hereinafter referred to as the EAEU, the Union) is laid down in the Treaty on the Eurasian Economic Union dated May 29, 2014 (hereinafter referred to as the Treaty), as well as international documents adopted in its development.

The purpose of the Treaty is to ensure the transition to the next stage of integration after the CU and the CES, to remove barriers to the free movement of goods, services, capital and labor, to implement a coordinated, coordinated or unified policy in the leading sectors of the economy. Also, one of the key tasks was to form a single document with a minimum number of reference norms, convenient for use, and above all for business.

The basis for the development of the Treaty was the existing agreements of the CU and the CES, which were revised, supplemented, systematized, and, in fact, re-stated in the draft Treaty. In addition, the contractual and legal framework of the EurAsEC in that part in which it did not contradict the agreements of the CU and the CES was the source of the formation of the text of the Treaty.

At the same time, the regulatory framework of the Union has been significantly expanded by including new topics and areas on which there were no agreements in the CU and CES, the economic component of the future Union has been “intensified”, which, in our opinion, is a significant advantage of this Treaty and allows significant progress in terms of ensuring the legal conditions for the formation of common markets for goods, services, capital and labor of the Union.

Structurally, the Treaty on the EAEU consists of institutional and functional parts: these are 28 sections and 118 articles. In addition, 33 annexes to the Treaty on the EAEU, which are its integral part, specify and expand the provisions of the articles.

The institutional part of the Treaty on the EAEU defines legal status Union, the main objectives, principles, competence and law of the Union, the bodies of the Union, the budget and control systems of the financial and economic activities of the Union, regulates other issues of a general nature.

In accordance with the Treaty on the EAEU, the bodies of the Union are the Supreme Eurasian Economic Council, the Eurasian Intergovernmental Council, the Eurasian Economic Commission, the Court of the Eurasian Economic Union.

The functional part of the Treaty on the EAEU establishes the basic agreements of the Union on certain industry directions cooperation: customs and tariff regulation, foreign trade policy, technical regulation and sanitary, phytosanitary, veterinary measures, macroeconomic and monetary policy, regulation of financial markets, regulation of services and investments, competition policy and natural monopolies, energy, transport, public procurement, intellectual property , industry, Agriculture, issues of labor migration.

The most important innovation of the Treaty on the EAEU was the agreement in principle on the implementation in the Union of a coordinated (and in some cases unified) policy in various areas of economic activity (for example, macroeconomic, monetary, industrial, agricultural, transport policies, including such modes of transport as water, air and automobile transport on which there were no agreements in the CU and CES).

Thus, within the framework of the Union, it is envisaged to conduct an industrial policy (with the coordinating role of the Eurasian Economic Commission), including the implementation of such basic tools as:

• industrial cooperation and industrial cooperation;
• joint technology platforms and industrial clusters;
• joint research and development work;
• joint programs and projects for the development of priority activities;
• mutual informing about the directions of implementation of national industrial policies, the planned volumes of state support;
• advice on subsidizing production industrial goods(including sensitive for Member States, for example, cars, agricultural machinery, etc.) for mutual accounting of positions.

The Union also provides for the implementation of a coordinated (coordinated) agro-industrial policy, which provides for the interaction of the Member States on such key issues as:

• forecasting in the agro-industrial complex;
• state support for agriculture;
• regulation of the common agricultural market;
• development of exports of agricultural products and foodstuffs;
• scientific and innovative development of the agro-industrial complex.

For the first time, the parties agreed to pursue a coordinated policy in the field of consumer protection in the territory of the Union.

A significant innovation in the EAEU is the transition to the formation of a single market for services (including through the mutual recognition of permits).

In the field of financial markets, phased harmonization is envisaged with a gradual movement towards the creation of a supranational financial regulator.

In addition, the EAEU member states will gradually move towards common energy markets:

formation of a common electric power market of the Union and ensuring access to the services of natural monopoly entities in the electric power industry before July 1, 2019;

phased formation of the common gas market of the Union and provision of access to the services of natural monopoly entities in the field of gas transportation before January 1, 2025;

formation of common markets for oil and oil products of the Union and ensuring access to the services of natural monopoly entities in the field of transportation of oil and oil products until January 1, 2025.

The functioning of a common market for medicines and medical devices is envisaged.

Cooperation in the field of labor migration is taken to a qualitatively new level in the Union. For example, the parties, in order to protect national market labor, restrictions (quotas, work permits) are not applied when a worker from one state of the Union works in another state of the Union under an employment or civil law contract. For workers from the countries of the Union from the first day of employment, the same conditions for taxation of income of individuals are established as for citizens of the state of employment. In addition, the procedure for entry (exit) and stay has been simplified, and greater social protection is provided for workers from the Union States. For the first time, an agreement was reached that the employer recognizes documents on the education of the workers of the Union States without additional recognition procedures.

In order to implement the Treaty, the decision of the Council of the Eurasian Economic Commission dated July 16, 2014 No. 58 approved the Work Plan for the development of acts and international treaties in accordance with the Treaty on the Eurasian Economic Union dated May 29, 2014 (hereinafter referred to as the Work Plan). The adoption of the documents provided for by this Work Plan will generally ensure the convergence and harmonization of national legislation for the effective functioning of the EAEU. In total, the Work Plan provides for the adoption of 125 documents in the following terms: 2014 - 52 documents; 2015 - 49 documents; 2016 - 14 documents; 2017 - 5 documents; 2018 - 1 document; 2024 - 2 documents; on a permanent basis - 1 document (until May 30); no deadline - 1 document.

In the Russian Federation, on the basis of the Work Plan, a Plan for the preparation of state power of the Russian Federation and organizations of documents (including the actions of the Russian Federation to fulfill the obligations of the Russian Federation) to be developed in accordance with the Treaty on the Eurasian Economic Union dated May 29, 2014 (Minutes of the meeting of the subcommittee on economic integration of the Government Commission on Economic Development and Integration, approved by the First Deputy Chairman of the Government of the Russian Federation I. I. Shuvalov on December 29, 2014).