About the Effect of the EAEU Court’s Advisory Opinion Dated March 28, 2024 in the Law Practice of the EAEU Member States

Abstract

Aim. The purpose of the research is to explain the reasons of the ambiguity of the Russian courts’ perception of the Advisory Opinion of the Court of the Eurasian Economic Union dated March 28, 2024. The author describes in details the factual circumstances of the case, the legal grounds for issuing the said advisory opinion and its content, and attempts to determine the legal nature and actual legal force of this judicial act. Methods. The research methodology is based on both general scientific methods: analysis, synthesis, historical and systematic, as well as private scientific methods: formal legal and comparative legal. These methods were used when working with sources of law and law enforcement acts of the Eurasian Economic Union, its member states, domestic and foreign doctrine. Results. Advisory Opinion of the Court of the Eurasian Economic Union dated March 28, 2024 was adopted in compliance with subject and material jurisdiction contains an official interpretation of the law of the Eurasian Economic Union and aims to ensure their uniform application, is able to help in resolution of concrete dispute. This advisory opinion was not taken into account by the national courts because of its formally recommendatory character. Conclusions. The legal nature of the advisory opinions of the Court of the Eurasian Economic Union does not coincide with the legal nature of decisions on prejudicial requests due to a number of procedural, subjective and formal reasons. The legal positions from the Advisory Opinion of the Court of the Eurasian Economic Union dated March 28, 2024 at the time of the proceedings in the Russian courts acted as usage, the execution of which was voluntary. They have not been transformed into international legal customs due to the lack of recognition by States of their binding nature.