Mozhuga, V.V. The legal nature of the decisions of the Constitutional Court of the Russian Federation in their ratio to the decisions of the EurAsEC Court

Abstract: The article is dedicated to the ratios of decisions of the Constitutional Court of the Russian Federation with the decisions of the EuroAsian Economic Community Court and to the analysis of the existing mechanism of the distribution of powers of state and supranational judicial control bodies on the issues of customs and ancillary rights. The analyzed theoretical model of the distribution of powers is compared with the actual working mechanism of distribution on the example of the already existing collisions. The competence of the Constitutional Court of the Russian Federation and that of the EuroAsian Economic Community Court are being considered; the collision aspects in the competence and activities of both judicial bodies are being identified. The analysis of the existing legal norms and the comparison with the existing practice of the judicial control of the customs regulations constitutes the methodology of the study. The legal acts of the EuroAsian Economic Community Court are an integral part of the system of the sources of public law of the Customs Union. They are binding, final and in a number of cases (for example, the decisions of the EuroAsian Economic Community Court in a particular case) are directly applicable acts. This analysis leads to the conclusion that with respect to legal acts within the EuroAsian Economic Community, the Constitutional Court can make an inspection only of the international treaties that did not come into effect. The international treaties that came into effect and the decisions of the Commission of the Customs Union and the ones of the EuroAsian Economic Community can be disputed only by the EuroAsian Economic Community Court. At the same time the legal acts of the Constitutional Court of the Russian Federation relating to the interpretation of the rules of the Customs Code of the Russian Federation have not lost their legal force and shall be applied with respect to the existing regulation of the customs relations that can lead to collisions of the decisions of the Constitutional Court of the Russian Federation and the EuroAsian Economic Community Court.

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