Pustovalov E.V. —
Tax information acquired from foreign jurisdictions in the practice of arbitration courts of the Russian Federation
// Taxes and Taxation. – 2020. – ¹ 4.
– P. 17 - 29.
DOI: 10.7256/2454-065X.2020.4.33289
URL: https://en.e-notabene.ru/ttmag/article_33289.html
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Abstract: The subject of this research is the established in arbitration courts of the Russian Federation practice of implementation of provision of Multilateral Convention on Mutual Administrative Assistance in Tax Matters and provisions of the agreements on the avoidance of dual taxation, related to cooperation of fiscal authorities in the form of exchanging tax information. In particular, the author examines the questions of the period of validity of the provisions of international acts; forms information transfer; compliance with the requirements on legalization and apostiling of transferred documents; rights of taxpayers to appeal against the request on them to foreign jurisdiction; correlation between the provisions of international acts on the exchange of tax information and provisions of legislation on personal data protection. A conclusion is formulated that since the exchange of tax information is primarily regulated by the international acts, there is no need in adoption of normative act on the national level that would contain additional regulation, except a separate act for regulating the system of supplementary guarantees of private entities, involved into the exchange of tax information. Summarization of the formulated by courts legal positions on the level of the Supreme Court of the Russian Federation is relevant.
Pustovalov E.V. —
Mechanisms of removing the barriers and limitations impeding functionality of Single Services Market of the EAEU
// International Law. – 2020. – ¹ 1.
– P. 1 - 9.
DOI: 10.25136/2644-5514.2020.1.31494
URL: https://en.e-notabene.ru/wl/article_31494.html
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Abstract: The subject of this research is the process of establishment of the regime of Single Services Market of the EAEU, taking into account the approved algorithms with regards to the plans for liberalization of services marker by separate sectors, as well as prescribed by the law of the Union mechanisms of maintaining such regime that would allow removing barriers and limitations impeding its functionality. The author particularly examines the removal of barriers pertaining to trade in services via realization of the pacta sunt servanda principle; direct and indirect application of law of the Union by the national courts; work of the Court of the Eurasian Economic Union; development and implementation of the specialized mechanism of removing barriers and limitations impeding functionality of the Single Services Market. The research result consists in systematization of mechanisms that might be used to ensure compliance with the regime of Single Services Market. The author formulates recommendations on concluding the international agreement within the framework of EAEU, focused on regulation of administrative cooperation of the competent agencies of the member-states in terms of separate sectors of services, as well as regulation of the work of special commission authorized to consider requests of the services market participants, and deliver the binding for EAEU member-states decisions.
Pustovalov E.V. —
Barriers and restrictions of the EAEU single services market in the research and development sector
// International Law and International Organizations. – 2018. – ¹ 3.
– P. 16 - 26.
DOI: 10.7256/2454-0633.2018.3.27346
URL: https://en.e-notabene.ru/mpmag/article_27346.html
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Abstract: The subject of this research is the regulations of the Treaty on the Eurasian Economic Union and its protocols pertinent to the conditions for acknowledging the functionality of the single services market on any sector. Attention is given to the categories of “barrier” and “restriction” applicable to functionality of the single services market, the definitions of which are absent in the law of the Union. The existence of such obstacles in certain cases can create discrimination of the EAEU member-states, and thus destroy the single services market. The author also meticulously review the sector of services in research and development, in which the operation of the single services market is recognized by the Supreme Eurasian Council. The article analyzes the separate positions of national legislations of the EAEU member-states that regulate the rendition of services in the indicated sphere, concerning the identification of possible barriers and restrictions. A conclusion is made on the need for continuing the harmonization of national legislations on research and development sector, as well as monitoring of the changes introduced by the forming law enforcement practice. The author underlines the need for development of the Union’s law regarding the determination of signs of inadmissible barriers and limitations, as well as formulation and regulation of mechanisms on their removal.
Pustovalov E.V. —
Harmonization of the concepts of legislation on the scientific research activity of the Eurasian Economic Union member states as a condition for performance of the market of scientific research work
// International Law and International Organizations. – 2017. – ¹ 4.
– P. 1 - 8.
DOI: 10.7256/2454-0633.2017.4.25064
URL: https://en.e-notabene.ru/mpmag/article_25064.html
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Abstract: The subject of this research is the provisions of the normative legal acts of the Eurasian Economic Union member (EAEU) states that regulate the scientific research activity, as well as the provisions of the EAEU that maintain the liberalization of services market for the purpose of creating of the unified market for services in the indicated sector alongside other sectors. Particular attention is given to the determination of factors that raise barriers and restrict access for the representatives of the EAEU member states to services within the framework of the sectors of services in the area of research and development and implementation of its results. The author also examines the practice of other integration institutions (EU) and approaches of the international organizations Organization for Economic Co-operation and Development (OECD). A conclusion is made about the need for harmonization of the conceptual apparatus applied in the legislations of the EAEU member states about the research and development activity, as well as implementation of mechanism aimed at the removal of barriers and restrictions regardless of approval or disapproval of the conceptual equivalence within this sector.