Problems of a Uniform (Similar) Interpretation of Normative Legal Provisions within the Framework of the Unified Legal System of the Union State

Abstract

Aim and tasks. The article is devoted to the consideration of the problems of interpretation of normative legal acts of the Union State bodies in the context of the formation of a unified legal system of this integration association. As the number of relevant regulatory legal acts is constantly increasing and they are increasingly beginning to relate to the regulation of relations involving individuals and legal entities (in particular, on December 6, 2024 The Decree of the Supreme State Council of the Union State approved Uniform Rules in the field of consumer protection), the solution of these problems is becoming more relevant. Methods. The research was conducted using general scientific (analysis, synthesis, etc.) and private scientific (formal legal, etc.) methods and structured based on the need to find answers to the following questions: who, in what cases and how can (should) carry out the official normative interpretation of the normative legal acts of the Union State, as well as what is its legal significance. Results and conclusions. Before the creation of the Court of the Union State, whose function includes the interpretation of acts of the Union State, it is proposed to use a compensatory mechanism, in which, apparently, the Standing Committee of the Union State should play a key role. The decisions of national courts increasingly begin to mention the normative legal acts of the Union State, but their application often raises questions, therefore, the official normative interpretation of these acts by the authorized bodies of the Union State should be carried out on a permanent basis. This process is complicated by the fact that the interpretation must take into account the relationship between the legal system of the Union State and the legal systems of its member States and the legal system of the Eurasian Economic Union, of which the Republic of Belarus and the Russian Federation are members, as well as the prospect of adopting a Union-wide Constitution. The legal significance of the official normative interpretation of the normative legal acts of the Union State also requires clarification, at least in terms of its relationship with the constitutional acts of the member States of the Union State. Despite the complexity of the issues raised (most of which should be the subject of special research), the success of Union construction will ultimately depend on their solution.