Business programme
30.06.2022
16:30–18:00

Judicial Mechanisms: Dialogue between the EAEU Court and National Courts

Congress Centre, conference hall D3
Justice and Litigation
Broadcast
• Requests for prejudicial rulings as a form of dialogue between the EAEU Court and the courts of member states. Which judicial bodies should be given the right to seek recourse from the EAEU Court? Should a request for a prejudicial ruling come at the initiative of the parties to the dispute? Should there be the option to question the validity of decisions made by the Eurasian Economic Commission under requests for prejudicial rulings? What should be the nature of documents issued following consideration of a prejudicial ruling request? What legal force should they carry?
• What is the correlation between EAEU law and legislation of member states when it comes to the practice of the EAEU Court and national courts? Mechanisms for resolving conflicts: making appropriate interpretations and not applying regulations that are contrary to EAEU law. The role of the EAEU Court and the courts of member states in upholding the supremacy of constitutional human rights and freedoms. Issues concerning the inadmissibility of retroactively applying decisions by the Eurasian Economic Commission and the protection of the economic rights of individuals and business entities.
• Reconciling judicial proceedings in the EAEU Court and national courts. Should the legislation of member states allow for the suspension of proceedings due to the plaintiff's application to the EAEU Court, or for reviewing the case in light of new circumstances?
• Key issues related to the digitalization of legal proceedings in Eurasia. Issues surrounding the recognition of e-signatures; the possibility of participating in judicial proceedings remotely; the use of digital databases.

Moderator

Mark Entin
Head of the European Law Department, MGIMO University

Panellists

Zholymbet Baishev
Judge, Court of the Eurasian Economic Union
Sergey Knyazev
Judge, Constitutional Court of the Russian Federation
Yury Kobets
Deputy Chairman, Supreme Court of the Republic of Belarus
Elena Maksyuta
Judge, Supreme Court of the Republic of Kazakhstan
Konstantin Chaika
Deputy Chairman, Court of the Eurasian Economic Union
Wilhelmina Shavshina
Associate Partner, Head of International Trade and Customs in CIS, Company B1

Broadcast

Mark Entin
Head of the European Law Department, MGIMO University
2012-2016 – Ambassador of the Russian Federation to Luxembourg
2005-2012 – Director of the European Studies Institute at the MGIMO-University
2002-2006 – Director of the Institute of European Law
1998-2002 – Deputy Permanent Representative of the Russian Federation to the Council of Europe
1992-1998 – First deputy director of the Directorate of European Cooperation of the Russian Ministry of Foreign Affairs
Was involved in the activities of different main bodies of the Council of Europe. Lectured in Russian and European universities as an invited professor.
Since 2006 – Vice-President of the Russian Association of International Law.
Member of the International Law Council at the Ministry of Foreign Affairs.
Jean Monnet professor. Specialist in Russian foreign policy, conflict resolution, Russian and EU legal systems, law of the Council of Europe and the European System of Human Rights Protection, the EU-Russia relations. Was involved in activities of a number of international and Russian expert groups.
Author of over 400 publications.
Zholymbet Baishev
Judge, Court of the Eurasian Economic Union
1979-1990 – investigator, worked in party bodies, and a senior lecturer at the Alma-Ata Higher Party School.
1990-1992 – held various positions in the Supreme Council of the Republic of Kazakhstan.
1992 – the Judge of the Constitutional Court of the Republic of Kazakhstan.
Since 1996 – the Head of the Representation of the President of the Republic of Kazakhstan to the Parliament of the Republic of Kazakhstan.
2002 – the Judge of the Supreme Court of the Republic of Kazakhstan, Secretary of the Plenary Session of the Supreme Court of the Republic of Kazakhstan.
December 2011 – the Judge of the Court of the Eurasian Economic Community.
October 2014-December 2014 – the Chairman of the Court of the Eurasian Economic Community.
Since January 2015 – the Judge of the Court of the Eurasian Economic Union.
January 2015 - December 2017 – the Deputy Chairman of the Court of the Eurasian Economic Union.
January 2018 - December 2020 – the Chairman of the Court of the Eurasian Economic Union.
PhD in Law, associate professor, professor at Turan University, author of 4 monographs and over 50 articles.
Sergey Knyazev
Judge, Constitutional Court of the Russian Federation
Since 1985, leading professor and faculty at the Law Faculty of Far Eastern National University (FENU), and an assistant and senior lecturer in the subject of state and international law.
since 1990 - associate professor of state and international law
since 1996 - Professor of the department of the state and administrative law
from 1989 to 1990 - Deputy dean of the Law Faculty of FENU
from 1990 to 1995 - Dean of the Law Faculty of FENU
Since 1995 - First Deputy Director, Head of the Department of State and Administrative Law of Far Eastern National University.
Led the working group on preparing a draft of the Charter of Primorsky Territory, which was adopted on September 12, 1995.
From 1995 to 2008 he was a head of the Electoral Commission of Primorsky Territory.
October 15, 2008 was appointed as the Judge of the Constitutional Court of Russia and on October 16, 2008, he was included in the first chamber of the Constitutional Court of the Russian Federation.
He is the author of more than 300 publications.
Yury Kobets
Deputy Chairman, Supreme Court of the Republic of Belarus
Since 1995 – interrogator of the department of inquiry and search of servicemen of the commandant's office of the Lida garrison.
Since 1996 – the Head of the legal service of the military unit in Lida.
From October 1997 to November 2001 – the Judge of the Borisov Court.
From November 2001 to October 2002 – the Deputy Chairman of the Court of Borisov.
From October 2002 to March 2007 – the Judge and Deputy Chairman of the Court of the Borisovsky district and the city of Borisov
From March 2007 to October 2009 – the Judge and Chairman of the Borisovsky District Court.
From October 2009 to December 2010 – the Judge of the Minsk Regional Court.
From December 2010 to July 2015 – the Deputy Chairman of the Minsk Regional Court.
From July 2015 to March 2018 – the Judge and Chairman of the Economic Court of Minsk.
From March 2018 to the present – the Judge and Deputy Chairman of the Supreme Court.
Awarded the highest qualification class of a judge.
Elena Maksyuta
Judge, Supreme Court of the Republic of Kazakhstan
1993-1994 – Service in the internal affairs bodies, Ministry of Internal Affairs of the Republic of Kazakhstan
1994-1996 – Service in the prosecutor’s offices of the North Kazakhstan region
1998-2014 – the Judge of the Petropavlovsk City Court
2014-2016 – the Judge of the Court of Astana
Since May, 2016 – the Judge of the Supreme Court of the Republic of Kazakhstan
Konstantin Chaika
Deputy Chairman, Court of the Eurasian Economic Union
1982-1987 – a teacher, director of a secondary school.
1987-2000 – held various positions in the prosecutor's office of the Kamchatka region from trainee, assistant of prosecutor of the Milkovskiy district of the Kamchatka region to the prosecutor of the Kamchatka region.
2000-2006 – Deputy Prosecutor General of the Russian Federation.
State Counselor of Justice, I (First) class.
April, 2006 – appointed Deputy Head; State Secretary - Deputy Head of the Federal Environmental, Industrial and Nuclear Supervision of Russia.
From November 2008 to February 2012 held the posts of Deputy Head; State Secretary - Deputy Head of the Federal Customs Service of the Russian Federation.
Lieutenant-General of the Customs Service.
From 2012 to 2014 – the Judge of the Court of the Eurasian Economic Community.
Since January 1, 2015 – the Judge of the Court of the Eurasian Economic Union.
Since January 2021 – Deputy Chairman of the Court of the Eurasian Economic Union.
PhD in Juridical sciences. Honored Lawyer of the Russian Federation.
Wilhelmina Shavshina
Associate Partner, Head of International Trade and Customs in CIS, Company B1
Wilhelmina is Customs and Global Trade CIS Leader and Partner of B1.
Wilhelmina is a recognized expert in the field of state regulation and has extensive experience in the field of foreign economic activity, customs administration and the implementation of customs policy in relation to investment activities.
Wilhelmina is recognized as one of the best lawyers in Russia in the categories "Government Regulation" and "Customs and Excise" in 2011-2018, 2021-2022 by Best Lawyers rating, as well as lawyer of the year in the category "Customs and Excise" in 2018, 2021 – 2022 by Best Lawyers rating.
Wilhelmina specializes in structuring international investment projects and foreign trade transactions, including licensing relations, concessions and franchises, advises on tariff and non-tariff regulation, currency control and other customs administration issues, including categorization, simplifications in terms of customs declaration and exemptions from customs control.
Wilhelmina also assists in resolving customs disputes and provides systematic legal protection of the interests of right holders.
<