Kalinichenko, P.A. Europeanization of the Russian judicial practice (taking an example of the influence of the European Union law on the Russian court decisions)

Abstract: The article includes analysis of the phenomenon of Europeanisation of the Russian judicial practice. Based on the comparative analysis the author provides detailed evaluation on the issue of constitutional legal foundations for the Europeanisation of the Russian legislation and judicial practice based upon the norms of the European Union. The author studies legal instruments, allowing to use and apply the European law within the Russian legal order. There is over a hundred of cases in the Russian judicial practice, where the courts of various instances and levels used and applied the European Union law. The article provides analysis of the practice of application of the Partnership Cooperation Agreement between Russia and the European Union of 1994, as well as other cases regarding use of the European norms and standards. Special attention is paid to the practice of the Russian arbitration courts on trade, tax and customs cases. The continuing Europeanisation of the Russian legislation required comparison of the Russian legal norms with the EU rules and the judicial practice of the Court of Justice of the European Union, when may be found in the practice of Russian courts.

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