Legal Aspects of Harmonization of Labor Legislation of Kazakhstan and the Eurasian Economic Union Countries (EAEU)

  • Samal K. ALIMKHANOVA Law Department, Faculty of Business, Education and Law, Innovative University of Eurasia, Pavlodar, Kazakhstan

Abstract

The issues of legal aspects of harmonization of labor legislation of Kazakhstan and the countries of the Eurasian Economic Union (EAEU) are investigated. The urgency of the issue under consideration is determined by the further necessity to bring into a harmonious combination the legal aspects of the legislation of Kazakhstan and the states that are members of the EAEU. Harmonization in the legal field involves the development of a unification of the laws of the above states in the field of labor relations. To maintain a coherent policy in the field of social and labor relations in Kazakhstan and the countries included in the EAEU, the foundations of labor legislations have been developed. But, at the moment, they are advisory in nature, while the harmonization of labor legislations in the legal field requires the approval of the adopted legislative acts of these states in this area. In this regard, a search is being made for recommendations on the harmonization of the legal aspects of the issue under study regarding Kazakhstan and the countries of the Eurasian Economic Union (EAEU). The leading approach to the study of this issue is to evaluate the current legal standards of these countries in the field of labor law and identify ways for their further integration in this direction. The prospects for research in this direction are determined by the possibility of assessing the realism of harmonizing the labor legislations of Kazakhstan and the countries, members (EAEU), which will favorably affect the further integration of Kazakhstan into the legal framework of the Eurasian Economic Union. The applied value of this study is to identify the prospects for the development of labor laws of Kazakhstan and the countries that are members of the Eurasian Economic Union (EAEU) in order to determine specific measures for the integration of labor legislation of Kazakhstan in the legal field of the EAEU in the future.

References

[1] Abaideldinov, T.M., Kurennoy, A.M., and Suleimenova, S.Zh. 2016. Separate legal aspects in the sphere of regulation of labor relations and social partnership. Almaty: Nauka.
[2] Alekseev, S.S. 2008. General theory of law. Moscow: Prospect Publishing House.
[3] Becker, U., and Vasileva, A. 2017. Russia’s political economy re-conceptualized: a changing hybrid of liberalism, statism and patrimonialism. Journal of Eurasian Studies 8(1): 83-96.
[4] Bruno, S. 2018. Putin’s and Russian-led Eurasian Economic Union: a hybrid half-economics and half-political ‘Janus Bifrons’. Journal of Eurasian Studies 9(1): 52-60.
[5] Foreign companies operating in Kazakhstan: market overview. 2017. Central Asian Portal. http://www.ca-portal.ru/article{5032.
[6] Gancia, G., Ponzetto, G.A.M., and Ventura, J.A. 2020. Theory of economic unions. Journal of Monetary Economics 109: 107-127.
[7] Golam, M., and Monowar, M. 2018. Eurasian Economic Union: evolution, challenges and possible future directions. Journal of Eurasian Studies 9: 163-176.
[8] Kerimov, D.A. 1998. Legislative technique. Moscow: INFRA-M Norma.
[9] Klofat, A. 2017. Regulatory competition in the framework of the Eurasian Economic Union and the European Union: comparative legal analysis. Legal Issues of Economic Integration 44(2): 173-196.
[10] Law ‘On Legal Acts’ No. 480 of Kazakhstan. 2016. https://online.zakon.kz/document/?doc_id=37312788.
[11] Law ‘On regulatory legal acts of the Kyrgyz Republic’ No. 241. 2009. http://cbd.minjust.gov.kg/act/view/ru-ru/202591.
[12] Lukin, A., and Yakunin, V. 2018. Eurasian integration and the development of Asiatic Russia. Journal of Eurasian Studies 9(2): 100-113.
[13] Lushnikova, M.V. 2009. On the unity (unification, harmonization) and differentiation of sources of international labor law and international social security law. Bulletin of Labor Law and Social Security Law 4: 44-51.
[14] Mrikh, A.S. 2017. Labor-legal integration of the states of the European Union and the states of the Eurasian Economic Union: comparative legal analysis. Yekaterinburg: The Ural State Law University.
[15] Nadirova, A.K. 2013. Current trends in the development of labor law of Kazakhstan in the context of globalization and international integration. Almaty: IC OFPPI ‘Interligal’.
[16] Nadirova, A.K. 2016. Harmonization of labor law in the context of Eurasian regional integration. Almaty: Information Center OFPPI ‘Interligal’.
[17] Nikiforova, E., and Brednikova, O. 2018. On labor migration to Russia: Central Asian migrants and migrant families in the matrix of Russia’s bordering policies. Political Geography 66: 142-150.
[18] Orazgaliyev, S. 2018. State intervention in Kazakhstan’s energy sector: nationalisation or participation? Journal of Eurasian Studies 9(2): 143-151.
[19] Shesteryakova, I.V. 2011. International labor standards and labor law of Russia: their relationship and conflicts. Saratov: Saratov University Press.
[20] Shilo, M.A. 2019. Harmonization of labor legislation of the EAEU Member States. Scientific and Analytical Bulletin of the IE RAS 5: 22-27.
[21] Simonova, V.A. 2014. Eurasian Economic Union. https://www.zakon.kz/4790586-eurasian-economic-union-victoria.html.
[22] The Treaty on the Eurasian Economic Union. 2014. http://www.consultant.ru/document/cons_doc_LAW_163855/.
[23] Villa, J.C., Boile, M., and Theofanis, S. 2020. Trade and transportation evolution in the European Union. International Trade and Transportation Infrastructure Development 2: 149-180.
[24] Wasseem, M. 2020. Do GCC market-oriented labor policies encourage inward FDI flows? Research in International Business and Finance 51: art. No. 101092.
[25] Yesdauletova, A., and Yesdauletov, A. 2018. The Eurasian Union: dynamics and difficulties of the post-Soviet integration. TRAMES 18 (68/63): 3-17.
Published
2020-06-15
How to Cite
ALIMKHANOVA, Samal K.. Legal Aspects of Harmonization of Labor Legislation of Kazakhstan and the Eurasian Economic Union Countries (EAEU). Journal of Advanced Research in Law and Economics, [S.l.], v. 11, n. 4, p. 1080-1086, june 2020. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/5252>. Date accessed: 25 apr. 2024. doi: https://doi.org/10.14505//jarle.v11.4(50).01.