Examination of International Acts Drafts: New Facets of Legal Expertise

Abstract

The article examines international legal and international acts developed within the framework of interstate associations and organizations that regulate the procedure for the examination of draft legal acts adopted by their bodies. The aim of the article is to develop new approaches to the examination of draft international legal acts as an important component of legal expertise. Based on the analysis of the legal framework, experience and practice of the examination of draft legal acts in international organizations and interstate integration associations, proposals and recommendations are formulated aimed at improving international legal mechanisms for the examination of draft legal acts of the Eurasian Economic Union, namely: the examination of drafts of international legal acts is by its content and methods of conducting a qualitatively different activity than the examination of drafts of domestic legal acts and requires special knowledge, including the development of an original methodology for the examination of international legal acts; the methodology of expert evaluation of draft international legal acts should include both legal and multidisciplinary scientific methods (economic analysis, social dimension, modeling, forecasting);the basic components of the examination of draft international legal acts are concluded in the conduct of: legal expertise, scientific and linguistic expertise, legal and technical examination. Other kinds of examination can be conducted with a clear justification of their necessity and expediency. In general, the examination of draft international legal acts is also necessary for acts adopted within the framework of the Eurasian Economic Union. The EEU is actively developing its international legal framework, its bodies make decisions that are mandatory for all the member states, including Russia, state authorities, business community, and citizens.
For citation: Kashirkina A.A., Morozov A.N. (2019) Examination of International Acts Drafts: New Facets of Legal Expertise. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 233–254 (in Russian) DOI: 10.17-323/2072-8166.2019.2.233.254